Fleischmann v. Fleischmann
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Julius Fleischmann and others, indi•■viduEtlly and as ancillary executors of Charles Fleischmann, deceased, from an order of the Supreme Court, made at the Few York .Special Term and entered in the office of the clerk of the county ■of'Few York on the 4th day of May, 1900, granting the plaintiffs’ motion for an inspection.and.discovery of the books of the firms of ■Gaff, Fleischmann & Co. and Fleischmann & Co. The cpmplaint in this action alleges…
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Appeal by the defendants, Julius Fleischmann and others, indi•■viduEtlly and as ancillary executors of Charles Fleischmann, deceased, from an order of the Supreme Court, made at the Few York .Special Term and entered in the office of the clerk of the county ■of'Few York on the 4th day of May, 1900, granting the plaintiffs’ motion for an inspection.and.discovery of the books of the firms of ■Gaff, Fleischmann & Co. and Fleischmann & Co. The cpmplaint in this action alleges that the plaintiffs’ father, Maximilian Fleischmann, died September 1, 1890, being at the time ■of his death in…
1Opinion of the Court
Rumsey, J.:
The facts show that the objection that there was laches in making •the application was not well taken. The point principally relied upon on the argument of this appeal was that the plaintiffs had no standing in court to maintain this action, and that for that reason no good could be accomplished by permitting them to have the order for the discovery, the learned counsel for the appellants insisting that the right of action was in Johanna Fleischmanfi, as executrix of Maximilian Eleisehmann, and that the plaintiffs, as beneficiaries under his will, had no rights except such as they…
2Cited by1 opinion
- Cronk v. CrandallAppellate Division of the Supreme Court of the State of New York · 1910