Thompson v. Erie Railway Co.
New York Supreme Court
Appeal from an order. ' This action was brought by John W. Thompson and Rhoda Thompson, plaintiffs and respondents, who sued in their own behalf, and in behalf of all other holders of the preferred stock of the defendants, the Erie Railway Company.
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Appeal from an order. ' This action was brought by John W. Thompson and Rhoda Thompson, plaintiffs and respondents, who sued in their own behalf, and in behalf of all other holders of the preferred stock of the defendants, the Erie Railway Company. The action was brought to recover dividends and interest alleged to be accrued and due for the year 1888, on preferred stock of the defendants, being owned by the plaintiffs, and for an accounting in order to ascertain the net earnings of the company during the year in question, and for the appointment of a receiver for the purpose of effectuating…
1Opinion of the Court
By the Court.*—Miller, P. J.
The authorities are conflicting upon the question whether an appeal lies from an order for the discovery of books or papers. It appears from the cases that appeals have often been taken, and the order appealed from reversed in numerous instances, without passing upon the question whether an appeal could lawfully be made. Without attempting to reconcile the conflicting cases, I am inclined to think, that an order of this character involves a substantial right, and therefore an appeal lies.
The rules which apply to applications of this kind are well settled. The party…
2Cases cited7 opinions
- Hoyt v. American Exchange BankThe Superior Court of New York City · 1853
- Lefferts v. BramptonNew York Court of Common Pleas · 1862
- Morrison v. SturgesThe Superior Court of New York City · 1863
- Hoyt v. American Exchange BankThe Superior Court of New York City · 1853
- Davis v. DunhamNew York Supreme Court · 1855
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