Hyperlawhypertext legal database Elliott v. Guardian Trust Co. 116 N.Y.S. 1135

← Cases

Elliott v. Guardian Trust Co.

116 N.Y.S. 1135 Court N.Y. App. Div. Decision date 1909-05-14 English

Contents

Majority

p. 1135
ELLIOTT v. GUARDIAN TRUST CO. OF NEW YORK.
(Supreme Court, Appellate Division, First Department.
May 14, 1909.)

Headnote

Appeal from Special Term, New York County. Action by Samuel Elliott against Guardian Trust Company of New York. From an order denying a motion to vacate order for examination of defendant, defendant appeals. Order reversed, and the order for examination of defendant modified.
Joseph D. Fackenthal, for appellant.
Henry L. Sprague, for respondent

Order appealed from reversed, with $10 costs and disbursements, and motion granted, to the extent of modifying the order for the examination of defendant by inserting therein, after the word “complaint” in the second paragraph of the order excluding the recital of the moving papers, the following: “So far as the same relate to the execution of the mortgage by the La Dicha & Pacific Railroad Company and the acceptance of the trust by the defendant;” by inserting in the order before the words “to wit," in the ninth line of the second paragraph, the following: “For the purpose of refreshing the recollection of the witnesses and aiding their memories on the examination, and not for the purpose of inspection by the counsel for the plaintiff;” by striking out subdivisions 3 and 4 of the said second paragraph of the order; by modifying the fifth subdivision of said paragraph by striking out the words “subject-matter of this litigation or in any way relating to the matters set forth in said complaint,” and inserting in lieu thereof' the words “execution of the mortgage and the acceptance of the trust by the defendant”; by modifying the sixth subdivision of said paragraph by striking out the words “matters set forth in the complaint,” and inserting in lieu thereof the words “execution of the mortgage and the acceptance of the trust by the defendant”; and by striking out at the end of said subdivision the words “the subject-matter of this litigation or in any way relating to the matters set forth in the complaint herein,” and inserting in lieu thereof the words “or in any way relating to the execution of the mortgage and the acceptance of the trust by the defendant”; by modifying the seventh subdivision of said second paragraph by striking out the words “the subject-matter of this litigation or relating in any way to the matters set forth in the complaint,” and inserting in lieu thereof the words “or relating in any way to the execution of the mortgage and the acceptance of the trust by the defendant”; and by striking out the eighth subdivision of said second paragraph, and also the third paragraph, of said order.