Schaefer-Hauser Corp. v. Century Chemical Co.

City of New York Municipal Court

Schaefer-Hauser Corp. v. Century Chemical Co.

196 Misc. 474, 92 N.Y.S.2d 205, 1949 N.Y. Misc. LEXIS 2794

DecidedSeptember 16, 1949

StatusPublished

This text of 196 Misc. 474 (Schaefer-Hauser Corp. v. Century Chemical Co.) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Schaefer-Hauser Corp. v. Century Chemical Co., 196 Misc. 474, 92 N.Y.S.2d 205, 1949 N.Y. Misc. LEXIS 2794 (N.Y. Super. Ct. 1949).

Pincite

Opinion

Coleman, J.

The cases cited by defendant to support the proposition that a partnership is not subject to examination through an employee or agent do not represent the law as it exists at this time. A partnership may now be examined before trial through its employees or agents, pursuant to the amendment to section 288 of the Civil Practice Act (L. 1948, ch. 453). The motion for examination is granted as to item 1. Denied as to item 2. Granted as to item 3. Granted as to items 4, 5 and 6, but examination under all three items shall relate to facts only. Examination will be allowed under item 7 as to the manner and method of packing, examination to relate to facts only. If the defendant lacks knowledge of any of the matters upon which examination has been allowed, its representative may so testify under oath upon the examination; but its professed lack of knowledge will not bar the granting of a proper order for examination before trial.

The defendant Century Chemical Company is directed to attend for examination before trial accordingly, by one of its partners, or by one of its employees or agents having sufficient knowledge of the subject matter to testify adequately, at Special Term, Part 2, on September 28,1949, at 2:00 p.m., and to produce for use pursuant to section 296 of the Civil Practice Act, all relevant books, records and papers.

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

Coleman, J.

The cases cited by defendant to support the proposition that a partnership is not subject to examination through an employee or agent do not represent the law as it exists at this time. A partnership may now be examined before trial through its employees or agents, pursuant to the amendment to section 288 of the Civil Practice Act (L. 1948, ch. 453). The motion for examination is granted as to item 1. Denied as to item 2. Granted as to item 3. Granted as to items 4, 5 and 6, but examination under all three items shall relate to facts only. Examination will be allowed under item 7 as to the manner and method of packing, examination to relate to facts only. If the defendant lacks knowledge of any of the matters upon which examination has been allowed, its representative may so testify under oath upon the examination; but its professed lack of knowledge will not bar the granting of a proper order for examination before trial.

The defendant Century Chemical Company is directed to attend for examination before trial accordingly, by one of its partners, or by one of its employees or agents having sufficient knowledge of the subject matter to testify adequately, at Special Term, Part 2, on September 28,1949, at 2:00 p.m., and to produce for use pursuant to section 296 of the Civil Practice Act, all relevant books, records and papers.

Cite This Page — Counsel Stack

Bluebook (online)

196 Misc. 474, 92 N.Y.S.2d 205, 1949 N.Y. Misc. LEXIS 2794, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schaefer-hauser-corp-v-century-chemical-co-nynyccityct-1949.