Northern New York Trust Co. v. Smith

Three motions have been made in the above-entitled action. The first two by the defendant, one to dismiss the plaintiff’s complaint upon the ground that it appears upon the face thereof that the same does not state facts sufficient to constitute a cause of action and in the alternative that the defendant be permitted to examine the plaintiff as an adverse party before trial through its officers, agents or employees and to examine one (Min J. Cutler, the original owner of the chattel, and the person who executed and delivered the chattel mortgage which forms the basis for the plaintiff’s cause…