Appellate Division of the Supreme Court of New York, 1910

In re the Assignment of the United States Restaurant & Realty Co.

In re the Assignment of the United States Restaurant & Realty Co.
Appellate Division of the Supreme Court of New York · Decided June 15, 1910 · Ingraham
139 A.D. 898; 123 N.Y.S. 914
In re the Assignment of the United States Restaurant & Realty Co.

Opinion of the Court

Appeal from an order; entered on the 21st day of May, 1910, overruling objections to questions propounded to a witness, and directing said witness to produce certain books, etc.

Order affirmed, with ten dollars costs and- disbursements. No opinion. Present — Ingraham, P. J.. (dissenting), Laughlin, Clarke, Scott and Miller, JJ.

Dissenting Opinion

Ingraham, P. J. (dissenting):

I dissent upon the ground that this examination is not connected with any of the provisions of article 2 ' of -the Debtor and Creditor Law,* and that to justify an examination-under section 22 of that article it is necessary that the object of the proceeding should be to carry into effect . .some provision of the article. (See Matter of Holbrook, 99 N. Y. 539.)

Consol. Laws, chap. 12; Laws of 1909, chap, 17.— [Rep.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.