Mencher v. Richards

The part of the order which is before us for review denies an examination before trial of the defendant Empire Title & Guarantee Company and certain individual defendants, directors of the Empire Title & Guarantee Company. The result of the appeal depends upon the particular section of the Statute of Limitations applicable to the plaintiff’s alleged causes of action to which the examinations relate. The action is a stockholder’s derivative action to recover on behalf of the corporate defendant from the individual defendants for losses resulting from illegal investment by the individual…