Wood v. J. L. Mott Iron Works
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The J. L. Mott Iron Works, from an order of the Supreme Court, made at the Hew York Special Term bearing date the 1st day of March, 1906, and entered in the office of the clerk of the county of Rew York, denying a motion to vacate a former order directing the examination before trial of certain officers of the defendant coloration.
1Opinion of the Court
Ingraham, J.:
The order which the defendant sought to have vacated required the president, secretary and treasurer of the defendant corporation to be examined and their depositions taken pursuant to section 873 of the Code, of Civil Procedure, and directed them to produce on such examination at the time and place specified certain books of the corporation. The main question at issue in this action is as to the authority of an employee of the defendant to make a contract on its behalf with the plaintiff. It is evident that an examination of the officers of the defendant is material and…
2Cited by1 opinion
- Broadway Apartment Realty Co. v. Rickert Finlay Realty Co.New York Supreme Court · 1915