Albert v. Banken

The defendant is a Swedish hanking corporation. It has no officers, directors, agents or employees in this country. This action was commenced by attachment of the defendant’s funds in this city. The complaint alleges two causes of action, one in tort and one in contract on a guaranty. The defendant’s answer consists of a general denial and an affirmative defense that the alleged guaranty was conditional and had never become effective.

Some time ago, the plaintiff sought by way of notice to examine the defendant before trial in New York County, where the action is pending. The defendant moved…