Carr v. Great Western Insurance
New York Court of Common Pleas
Appeal from an order of Special Term, denying a motion for an order to examine the president of the defendant, a-, corporation, under section 391 of the Code of Procedure.
1Opinion of the Court
By the Court
Daly, F. J.
It was held in La Farge v. The Exchange Ins. Co. (22 N. Y. 353) that a party might offer* himself as a witness where the opposite party was a corporation, and the construction which in that case was put upon the word party, as used in the code, applies equally to the provision in the 391st section for the examination of a party before trial. This provision was designed as a substitute for the bill for a discovery under oath in aid of the prosecution or defense-of another action which was abolished (Willard’s Equity Jurisprudence, 42), and the examination there provided…
2Cases cited1 opinion
- La Farge v. . Exchange Fire Insurance CompanyNew York Court of Appeals · 1860
3Cited by9 opinions
- Phœnix v. DupuyNew York Court of Common Pleas · 1877
- Schepmoes v. BoussonNew York Court of Common Pleas · 1877
- Atchison, Topeka & Santa Fé Railroad v. United StatesUnited States Court of Claims · 1879
- People v. Mutual Gas-light Co.The Superior Court of New York City · 1878
- Shepmoes v. BowssonNew York Court of Common Pleas · 1877
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