Cohn v. Standard Mail Order Co.

Appellate Division of the Supreme Court of New York

Cohn v. Standard Mail Order Co.

149 N.Y.S. 618

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 6, 1914

DocketNo. 6349

StatusPublished

This text of 149 N.Y.S. 618 (Cohn v. Standard Mail Order Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cohn v. Standard Mail Order Co., 149 N.Y.S. 618 (N.Y. Ct. App. 1914).

Pincite

Opinion

PER CURIAM.

[1,2] The original order for examination of the defendant before trial was clearly insufficient, because, it named no officer or managing agent of defendant to be examined. The amended order, from which this appeal is taken, undertook to supply this deficiency by inserting certain names, but was founded on no affidavit [619]*619showing that the persons named were officers or managing agents. •Indeed, the papers in the case seem to indicate that they were not.

Order appealed from reversed, with $10 costs and disbursements, and motion to vacate order granted, with $10 costs.

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PER CURIAM.

[1,2] The original order for examination of the defendant before trial was clearly insufficient, because, it named no officer or managing agent of defendant to be examined. The amended order, from which this appeal is taken, undertook to supply this deficiency by inserting certain names, but was founded on no affidavit [619]*619showing that the persons named were officers or managing agents. •Indeed, the papers in the case seem to indicate that they were not.

Order appealed from reversed, with $10 costs and disbursements, and motion to vacate order granted, with $10 costs.

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Bluebook (online)

149 N.Y.S. 618, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cohn-v-standard-mail-order-co-nyappdiv-1914.