Ely v. Perkins
New York Supreme Court
Motion by defendant Cady to vacate an order to examine him for the purpose of enabling plaintiff to frame his complaint.
1Opinion of the CourtBrown, J.
On December 26, 1907, an order was made requiring defendant Cady to be examined for the purpose of enabling plaintiff to frame his complaint. It appears from the affidavit upon which such application was made that the “nature of the action is to recover damages for the conversion by the defendant of moneys and securities owned by the1 plaintiff and which were embezzled and stolen from him by one Hugh J. McDonald, a clerk in the deponent’s employment, and which said moneys and securities the defendants received from said McDonald in bad faith and have converted to their own use; ” and it also…
2Cases cited6 opinions
- Bailey v. DeanNew York Supreme Court · 1848
- Phœnix v. DupuyNew York Court of Common Pleas · 1877
- In re the Application of the Attorney-GeneralNew York Supreme Court · 1897
- Abbott-Downing Co. v. FaberNew York Supreme Court · 1895
- Haynes v. HatchNew York Supreme Court · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- People's Coat, Apron & Towel Supply v. LightAppellate Division of the Supreme Court of the State of New York · 1915
- Tobias v. North American Importing Co.New York Supreme Court · 1928