Legal Opinion

Ellett v. Young

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1904PublishedCited by 4 opinions

Appeal by the defendant, John J. McOook, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 10th day of May, 1904, denying the said defendant’s motion to vacate an order theretofore granted for his examination before action brought.

1Opinion of the Court

Ingraham, J.:

The respondent upon this appeal presented an affidavit to one of the justices of the Supreme Court stating that he was about to commence an action against a certain company, association or syndicate of persons called or known as the “ Canda Syndicate; ” that said syndicate was composed of John W. Young, John J. McCook, Irving M. Scott, Lewis Nixon, Charles J. Canda and other persons, *418whose names and whereabouts were to deponent unknown. The affidavit then sets forth the nature of the controversy which was to be the subject of said action, alleging that á contract on behalf of the…

2Cases cited5 opinions

  1. Merchants' National Bank v. . SheehanNew York Court of Appeals · 1886
  2. In re E. & H. T. Anthony & Co.Appellate Division of the Supreme Court of the State of New York · 1899
  3. In re BryanThe Superior Court of New York City · 1877
  4. In re SchoellerAppellate Division of the Supreme Court of the State of New York · 1902
  5. In re WhiteAppellate Division of the Supreme Court of the State of New York · 1899

3Cited by4 opinions

  1. In re the Moto Bloc Import Co.Appellate Division of the Supreme Court of the State of New York · 1910
  2. In re BeschNew York Supreme Court · 1910
  3. In re CohenNew York Supreme Court · 1907
  4. Schill v. Schnitzer State BankAppellate Division of the Supreme Court of the State of New York · 1921

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