From Casetext: Smarter Legal Research

People ex Rel. O'Brien v. Caldwell Mfg. Co.

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 18, 1938
253 App. Div. 870 (N.Y. App. Div. 1938)

Opinion

January 18, 1938.

Present — Sears, P.J., Crosby, Lewis, Cunningham and Dowling, JJ.


Order modified in accordance with stipulation of the respondent in open court, by striking from the first ordering paragraph the words "and all other records and papers of said corporation," and as so modified affirmed, without costs on this appeal to either party. All concur, except Sears, P.J., and Lewis, J., who dissent and vote for reversal on the facts and denial of the motion as matter of discretion founded on the relator's motives as a competitor. (Cf. Matter of Durr v. Paragon Trading Corp., 270 N.Y. 464; People ex rel. Giles v. Klauder-Weldon D.M. Co., 180 App. Div. 149; People ex rel. Lehman v. Consolidated Fire Alarm Co., 142 id. 753.) (The mandamus order directs defendant to permit an examination by relator of its books of account and other records of the corporation.)


Summaries of

People ex Rel. O'Brien v. Caldwell Mfg. Co.

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 18, 1938
253 App. Div. 870 (N.Y. App. Div. 1938)
Case details for

People ex Rel. O'Brien v. Caldwell Mfg. Co.

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. JOHN G. O'BRIEN, Respondent…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jan 18, 1938

Citations

253 App. Div. 870 (N.Y. App. Div. 1938)