In re Thompson
Appellate Division of the Supreme Court of the State of New York
Appeal by the New York Pie Baking 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 18th day of May, 1904, denying the appellant’s motion to vacate an order theretofor obtained by the petitioner for the examination of the said company.
1Opinion of the Court
O’Brien, J.:
The real object of the examination is to obtain an inspection of the books of the company, although in form the application is to examine its president. We say “in form” because the examination of the president is a mere incident to what is really sought, namely, an inspection of the books.
This is reversing the order of things and such practice is not sanctioned by any of the provisions of the Code of Civil Procedure. Subdivision 7 of section 872 of the Code of Civil Procedure, which relates to the examination and inspection of the books of a corporation, is authority only for…
2Cases cited2 opinions
- Leary v. RiceAppellate Division of the Supreme Court of the State of New York · 1897
- Mauthey v. Wyoming County Co-Operative Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by2 opinions
- Shogry v. NaserAppellate Terms of the Supreme Court of New York · 1913
- Ryan v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1908