Moffat v. Phœnix Brewery Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtEdgcomb, J.
The propriety of an order requiring the defendants to submit to an examination before trial is challenged upon this appeal.
It is urged that the testimony sought to be elicited upon this hearing is neither necessary nor material, for the reason, among other things, that on the very face of the complaint itself it is evident that the plaintiffs have no cause of action against the defendants, and that the desired proof will, therefore, be of no avail.
It needs no argument to establish the propostition that a defendant should not be put to the inconvenience of submitting to an examination before…
2Cases cited6 opinions
- Public National Bank v. National City BankNew York Court of Appeals · 1933
- Sands v. ComerfordAppellate Division of the Supreme Court of the State of New York · 1925
- Caskie v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1930
- Cash v. American Specialty Tailoring Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Solar Baking Powder Co. v. Royal Baking Powder Co.Appellate Division of the Supreme Court of the State of New York · 1908
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3Cited by13 opinions
- Nishman v. De MarcoAppellate Division of the Supreme Court of the State of New York · 1980
- Murray v. Physical Culture Hotel, Inc.Appellate Division of the Supreme Court of the State of New York · 1939
- Brill v. WagnerNew York Supreme Court · 1957
- Bowes v. National City BankNew York Supreme Court · 1938
- Hirshhorn v. HirshhornAppellate Division of the Supreme Court of the State of New York · 1951
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