Tout v. Logan

Appellate Division of the Supreme Court of New York

Tout v. Logan

254 A.D. 820, 5 N.Y.S.2d 540, 1938 N.Y. App. Div. LEXIS 7768

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

DecidedMay 25, 1938

StatusPublished

Cited by1 cases

This text of 254 A.D. 820 (Tout v. Logan) 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

Tout v. Logan, 254 A.D. 820, 5 N.Y.S.2d 540, 1938 N.Y. App. Div. LEXIS 7768 (N.Y. Ct. App. 1938).

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Opinion

Order so far as appealed from reversed on the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. Memorandum: We think the complaint states a cause of action against the defendants and that the motion to vacate the notice of examination should have been denied. (Campbell v. Holding Company, Inc., 251 N. Y. 446; Eckler v. Rochester Packing Company, 264 id. 605.) All concur, except Taylor, J„ who dissents and votes for affirmance. (The portion of the order appealed from grants a motion to vacate plaintiff’s notice of examination of an officer of defendant bank before trial.) Present — 'Crosby, Lewis, Cunningham, Taylor and Dowling, JJ.

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Order so far as appealed from reversed on the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. Memorandum: We think the complaint states a cause of action against the defendants and that the motion to vacate the notice of examination should have been denied. (Campbell v. Holding Company, Inc., 251 N. Y. 446; Eckler v. Rochester Packing Company, 264 id. 605.) All concur, except Taylor, J„ who dissents and votes for affirmance. (The portion of the order appealed from grants a motion to vacate plaintiff’s notice of examination of an officer of defendant bank before trial.) Present — 'Crosby, Lewis, Cunningham, Taylor and Dowling, JJ.

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Bluebook (online)

254 A.D. 820, 5 N.Y.S.2d 540, 1938 N.Y. App. Div. LEXIS 7768, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tout-v-logan-nyappdiv-1938.

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