Commercial Publishing Co. v. Beckwith
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Commercial Publishing Company,, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 7th day of January, 1901, vacating an order for the examination of the defendant before trial.
1Opinion of the Court
Per Curiam :
It appears from the affidavits that the money' sought to be recovered in this action was collected by the defendant from various, persons who were debtors of the Memphis Appeal Company, and at different times after the 28th of February, 1896. Heither the names and residences of these persons nor the amount collected from each one of them, nor the times when the several collections, were made, áre known to the plaintiff, but these facts are within the personal knowledge of the defendant. It is evident that with the testimony of the defendant upon all these questions the plaintiff…
2Cases cited2 opinions
- Presbrey v. Public Opinion Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Freese v. AveryAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by7 opinions
- Turck v. ChisholmNew York Supreme Court · 1907
- Klaw v. New York Press Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Bender v. BorkNew York Supreme Court · 1907
- Corn Exchange Bank v. LorillardAppellate Division of the Supreme Court of the State of New York · 1903
- F. Garia Bro. & Co. v. SalomonAppellate Terms of the Supreme Court of New York · 1903
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