In re Gardner
Appellate Division of the Supreme Court of the State of New York
Appeal by B.obert H. Hopper and another 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 20th day of January, 1908, denying the appellants’ motion to set aside an order directing their examination for the purpose of framing a complaint.
1Opinion of the Court
Clarke; J.:
The affidavit upon which the order for the examination was obtained alleged that an action is not now pending, but that one is about tó be brought by deponents as plaintiffs against Bóbert H. Hopper and Julia H. Bigelow as defendants; “ that the nature of the controversy that is expected to be the subject thereof is as follows : An action for an accounting and for the discovery of the application and- disposition of certain funds, and stock and property *655coming into the hands of the said proposed defendants pursuant to an agreement between said Gardner, Macy, Robert H. Hopper and…
2Cases cited5 opinions
- Goldmark v. U. S. Electro-Galvanizing Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Boskowitz v. SulzbacherAppellate Division of the Supreme Court of the State of New York · 1907
- Pierce v. McLaughlin Real Estate Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Waitzfelder v. A. Moses Sons & Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Hutchinson v. SimpsonAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by4 opinions
- Donnelly v. Anderson Brown & Co.District Court, S.D. New York · 1921
- Whitley v. SpeedAppellate Division of the Supreme Court of the State of New York · 1916
- Riley v. McGeeAppellate Division of the Supreme Court of the State of New York · 1915
- White v. Improved Property Holding Co.Appellate Division of the Supreme Court of the State of New York · 1909