De Martini v. McCaldin
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Joseph McCaldin, individually and as trustee, 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 12th day of January, 1917, denying his motion to vacate an order for his examination-before trial in order to enable plaintiff to framéhis complaint.
1Opinion of the Court
Davis, J.:
The order for the examination was granted upon the affi- " davits of the plaintiff De Martini and his attorney. From these affidavits it appears that the action is brought against the defendant Joseph McCaldin as sole surviving director of the corporation, the American Ballast Log Company.
Plaintiff’s affidavit, after setting forth the matters required by subdivision 1 of section 872 of the Code of Civil Procedure, proceeds with allegations showing the nature of the proposed action as follows: The corporation has a total capital stock of *5422,500 shares and it came to an end pursuant to…
2Cited by1 opinion
- De Martini v. McCaldinNew York Supreme Court · 1917