Tanenbaum v. Hilborn
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Hoses Tanenbaum, 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 4th day of April, 1899, vacating an ex parte order for the examination of the defendant before trial.
1Opinion of the Court
Per Curiam :
The order appealed from vacating an order for the examination of the defendant before trial must be reversed. The papers upon which the vacated order was granted were sufficient. The only criticism which appears to be made of them is that they do not show that the testimony of the defendant is necessary to the establishment of the cause of action set out in the complaint. The defendant was sued for the breach of a contract .in and by which he agreed with the plaintiff’s assignors that they should procure as his agents insurance upon merchandise for a period of five years from a…
2Cited by3 opinions
- Tanenbaum v. LindheimAppellate Division of the Supreme Court of the State of New York · 1900
- Carr v. General Incandescent Arc Light Co.City of New York Municipal Court · 1902
- Tanenbaum v. LippmannAppellate Division of the Supreme Court of the State of New York · 1903