Appellate Division of the Supreme Court of New York, 1911

Borough Bank v. McLaughlin

Appellate Division of the Supreme Court of New York · Decided June 9, 1911 · Burr

129 N.Y.S. 1114 (New York Supplement)

Opinion of the Court

PER CURIAM.

No sufficient reason appears why the officers of the plaintiff should not be examined before trial. Order reversed, with $10 costs and disbursements, and order for examination reinstated.

Dissenting Opinion

BURR, J.,

dissents, solely upon the ground that the testimony sought would be inadmissible upon the trial. Jamestown Business College Association v. Allen, 172 N. Y. 291, 64 N. E. 952, 92 Am. St. Rep. 740,

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