Legal Opinion

In re E. & H. T. Anthony & Co.

Appellate Division of the Supreme Court of the State of New York

Decided June 15, 1899PublishedCited by 19 opinions

Appeal by the Lovell Dry Plate Manufacturing Company from an order of the Supreme Court, made at the-New York Special Term and entered in the office of the clerk of the county of New York on the 1st day of May, 1899, denying its motion to vacate an order for the' examination of one Charles. 0. Lovell before action brought.

1Opinion of the Court

Barrett, J.:

The order for examination was granted upon the affidavit of Frederick A. Anthony, the secretary and treasurer of the applicant corporation. The affidavit states that, “ An. action will be brought by the said E. & H. T. Anthony & Company against either the Lovell Dry Plate Company or the Lovell Dry Plate Manufacturing Company, according to the facts that may be elicited upon the examination now applied for.” It then proceeds to state the nature of the expected controversy as 'follows: That in September, 1896, a contract was entered into between the applicant corporation and three…

2Cases cited4 opinions

  1. Merchants' National Bank v. . SheehanNew York Court of Appeals · 1886
  2. Muller v. LevyNew York Supreme Court · 1889
  3. In re BryanThe Superior Court of New York City · 1877
  4. De Leon v. De LimaThe Superior Court of New York City · 1884

3Cited by19 opinions

  1. Irving v. Superior CourtCalifornia Court of Appeal · 1926
  2. In re the Moto Bloc Import Co.Appellate Division of the Supreme Court of the State of New York · 1910
  3. In re SchoellerAppellate Division of the Supreme Court of the State of New York · 1902
  4. Ellett v. YoungAppellate Division of the Supreme Court of the State of New York · 1904
  5. In re WhiteAppellate Division of the Supreme Court of the State of New York · 1899

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