Boorman v. . Atlantic and Pacific R.R. Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of the chief j ustioe of the Court of Common Pleas, in and for said county, sitting as acountyjudge, vacating a former order made by him in this action, which directed three of defendant’s directors named, to appear at a time and place specified, to testify in said action, and also to produce the books of minutes of the board of directors, and the transfer books,…
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of the chief j ustioe of the Court of Common Pleas, in and for said county, sitting as acountyjudge, vacating a former order made by him in this action, which directed three of defendant’s directors named, to appear at a time and place specified, to testify in said action, and also to produce the books of minutes of the board of directors, and the transfer books, and allow plaintiff to inspect them ; and also requiring said directors to make and deliver to plaintiff sworn copies of…
1Opinion of the CourtDanfoeth, J.
The order obtained by the plaintiff was threefold. It required, First. That several persons, not parties to the action, but directors of the defendant, should appear before trial and testify on plaintiff’s examination. It was not claimed that this clause had any support unless it could be found in section 870. That it cannot, was determined in The People v. Mutual Gas Light Co. (74 N. Y., 434), a case in this respect similar to the one before us. Second. That these persons should, at the same time, produce certain books of the defendant for the plaintiff’s inspection; and Third. Give him…
2Cases cited1 opinion
- People v. . Mutual Gas Light CompanyNew York Court of Appeals · 1878
3Cited by7 opinions
- City of Buffalo v. Hanna Furnace Corp.New York Court of Appeals · 1953
- In re the Estate of EbbetsNew York Surrogate's Court · 1933
- People v. ArmourAppellate Division of the Supreme Court of the State of New York · 1897
- In re the Probate of the Will of MarsNew York Surrogate's Court · 1952
- Stokes v. StokesNew York Supreme Court · 1891
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