Goodyear's India Rubber Glove Manuf'g Co. v. Gorham
New York Supreme Court
Appeal from special term, Monroe county. Action by the Goodyear’s India Rubber Glove Manufacturing Company against Frank B. Gorham and Benjamin M. Wilcox, impleaded. From an order granting discovery of a letter book of the firm of Pitt & Esser, in possession of defendants, defendants appeal.
1Opinion of the CourtDwight, P. J.
The action was to recover of the firm of Gorham, Wilcox & Co. the price of goods sold and delivered by the plaintiff to the firm of Pitt & Esser, on the ground that the defendants were the undisclosed principals, for whom the last-named firm purchased the goods as agents; and the question of the existence of that relation between the two firms constituted the chief, if not the only, issue in the action. It is for the purpose of obtaining information relating to that issue, in advance of trial, that this proceeding was instituted by the petition of the plaintiff, unsupported by any *966other…
2Cases cited2 opinions
- In re Van NostrandNew York Supreme Court · 1894
- Husson v. FoxNew York Supreme Court · 1863
3Cited by4 opinions
- Walsh v. Press Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Bissell v. Mutual Reserve Fund Ass'nNew York Supreme Court · 1902
- In re the Probate of the Will of WoodwardNew York Surrogate's Court · 1899
- Moriarta v. RaymondNew York Supreme Court · 1907