Edelbrau Brewery, Inc. v. Drybrough

Appellate Division of the Supreme Court of New York

Edelbrau Brewery, Inc. v. Drybrough

257 A.D. 842, 12 N.Y.S.2d 40, 1939 N.Y. App. Div. LEXIS 8112

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

DecidedMay 15, 1939

StatusPublished

This text of 257 A.D. 842 (Edelbrau Brewery, Inc. v. Drybrough) 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

Edelbrau Brewery, Inc. v. Drybrough, 257 A.D. 842, 12 N.Y.S.2d 40, 1939 N.Y. App. Div. LEXIS 8112 (N.Y. Ct. App. 1939).

Pincite

Opinion

Order denying motion of the defendant to examine the plaintiff before trial reversed on the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, except that the books, records and documents are to be used only to refresh the recollection of the persons examined. Examination to proceed on five days’ notice. The appellant is entitled to the examination sought to establish whether he has fully discharged the duties of his trust as set forth in the agreement attached to the complaint. (Oshinsky v. Gumberg, 188 App. Div. 23.) The appellant claims commission of ten per cent upon the claims of all paid creditors who joined in the agreement and alleges that the plaintiff has paid some of these creditors direct, thus depriving the appellant of his commission. He is entitled to the examination sought also for the reason that it is necessary to establish his counterclaim. Lazansky, P. J., Johnston, Adel, Taylor and Close, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Order denying motion of the defendant to examine the plaintiff before trial reversed on the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, except that the books, records and documents are to be used only to refresh the recollection of the persons examined. Examination to proceed on five days’ notice. The appellant is entitled to the examination sought to establish whether he has fully discharged the duties of his trust as set forth in the agreement attached to the complaint. (Oshinsky v. Gumberg, 188 App. Div. 23.) The appellant claims commission of ten per cent upon the claims of all paid creditors who joined in the agreement and alleges that the plaintiff has paid some of these creditors direct, thus depriving the appellant of his commission. He is entitled to the examination sought also for the reason that it is necessary to establish his counterclaim. Lazansky, P. J., Johnston, Adel, Taylor and Close, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

257 A.D. 842, 12 N.Y.S.2d 40, 1939 N.Y. App. Div. LEXIS 8112, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edelbrau-brewery-inc-v-drybrough-nyappdiv-1939.

Opinion

Related

Cite This Page — Counsel Stack