Corn Exchange Bank v. Lorillard
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Ernest E. Lorillard and others, as trustees of Jacob Lorillard, from an order of the Supreme Court, made at the New York Special Term bearing date the 13th day pf April, 1903, and entered in the office of the clerk of the county of New York denying said defendants’ motion to vacate an order theretofore made herein, bearing date tbe 19th day of February, 1903, for the examination of said defendants before trial.
1Per curiam
This appeal is from an order denying a motion to vacate an order directing the examination of the defendants above named before trial.
The affidavit upon which the order directing the examination is based sets forth the nature of the action, the substance of the judgment demanded, the nature of the defense, and complies in other respects with the section of the Code permitting an examination of witnesses before trial. (Code Civ. Proc. § 872.) Further facts are stated from which the court can see that a necessity exists for the examination and that the testimony of the witnesses sought to be…
2Cases cited1 opinion
- Commercial Publishing Co. v. BeckwithAppellate Division of the Supreme Court of the State of New York · 1901