196 A.D. 463 | N.Y. App. Div. | 1921
Order affirmed, with ten dollars costs and disbursements, on the opinion of Bijur, J., at Special Term.
Present — Dowling, Laughlin, Page, Merrell and Greenbaum, JJ.
The following is the opinion delivered at Special Term:
This is a petition under section 805 of the Code by defendants Conklin and United Construction and Supply Company, to obtain a discovery of certain books and papers. Plaintiff sues as the sole stockholder and on behalf of the Havana Telephone Company. It alleges that some twenty years ago relations were established between the Havana Company and the firm of Jarvis & Conklin whereunder the firm became depositories and trustees of certain funds of the Havana Company; that certain credits were improperly allowed to the firm; that subsequently the Havana Company purported to transfer its assets to the United Construction and Supply Company, including this claim against the firm, but that the assignment for various reasons was ineffective and invalid and should be set aside. The substance of the relief demanded in the complaint is that the defendants Conklin (Jarvis having died) and the United Company account for the funds thus improperly diverted from the Havana Company. The petition for discovery discloses that all the accounts of the United Company were kept in Cuba substantially by the Havana Company; that bills, vouchers, checks and similar papers
Petition granted. Settle order on notice.
See Code Civ. Proe. § 500. — [Rep.