De Bary v. Stanley
New York Court of Common Pleas
Appeal from an order made at special term. The plaintiffs, in an action for the infringement of a trade mark, and for an accounting for the damage to plaintiffs, obtained an order from a judge of this court for the examination of the defendant D. A. Stanley before trial, as a witness on the part of the plaintiffs, under § 391 of the Code of Procedure.
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Appeal from an order made at special term. The plaintiffs, in an action for the infringement of a trade mark, and for an accounting for the damage to plaintiffs, obtained an order from a judge of this court for the examination of the defendant D. A. Stanley before trial, as a witness on the part of the plaintiffs, under § 391 of the Code of Procedure. Upon this order a subpoena duces tecum in the ordinary form was issued commanding the defendant to appear before one of the justices of this court for examination, and to produce there certain books of account. The defendant Stanley appeared by…
1Opinion of the Court
Per Guriam*
The mode of obtaining an inspection of *413an adversary’s books and papers is pointed out by the Kevised Statutes (R. S. part 3, ch. 1, tit. 3), and the rules of the Supreme Court (Bules 18,19, 20, 22).
The mode of obtaining an inspection and copy of a particular paper is pointed out by sec. 388 of the Code of Procedure. The examination of a party before trial under sections 390 and 391 of the Code and Bule 21 is wholly distinct from the foregoing remedies, and does not include any more than it supersedes them. The case of Bonesteel v. Lynde (8 How. Pr. 226), does not sustain the order,…
2Cases cited4 opinions
- Hauseman v. SterlingNew York Supreme Court · 1872
- Bonesteel v. LyndeNew York Supreme Court · 1853
- People ex rel. Valiente v. DyckmanThe Superior Court of New York City · 1862
- Woods v. De FiganiereNew York Supreme Court · 1863
3Cited by5 opinions
- Wertheim v. Continental Ry. & Trust Co.District Court, S.D. New York · 1883
- Martin v. SpoffordNew York Supreme Court · 1877
- Bloom v. Pond's Extract Co.The Superior Court of New York City · 1891
- El Tazi v. SteinNew York Supreme Court · 1891
- Fluchtwanger v. DessarNew York Supreme Court · 1889