Legal Opinion

In re Hitchcock

Appellate Division of the Supreme Court of the State of New York

Decided March 8, 1912PublishedCited by 4 opinions

Appeal "by the Union Ferry Company of Hew York and Brooklyn from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 4th day of December, 1911, granting a peremptory writ of mandamus.

1Opinion of the Court

Woodward, J.:

The relator has been granted a peremptory writ of mandamus directing the Union Ferry Company to permit him to examine the books of the corporation. The petition of the relator is met by the opposing affidavits of the officers of the corporation, familiar with its affairs, and the relator, standing upon the pleadings, is in the position of a demurrant, admitting all of the facts alleged by the respondent to be true, but *825insisting upon his right to relief notwithstanding such facts. (People ex rel. Lehman v. Consolidated Fire Alarm Co., 142 App. Div. 753, 754, and authority there…

2Cases cited2 opinions

  1. In re the Application of LatimerAppellate Division of the Supreme Court of the State of New York · 1902
  2. People ex rel. Lehman v. Consolidated Fire Alarm Co.Appellate Division of the Supreme Court of the State of New York · 1911

3Cited by4 opinions

  1. Hudson-Harlem Valley Title & Mortgage Co. v. WhiteAppellate Division of the Supreme Court of the State of New York · 1937
  2. Martin v. Martin Foundation, Inc.New York Supreme Court · 1962
  3. In re HitchcockAppellate Division of the Supreme Court of the State of New York · 1913
  4. Levine v. Pat-Plaza Amusements, Inc.New York Supreme Court · 1971

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