100 N.Y.S. 564 | N.Y. Sup. Ct. | 1906
In this proceeding two motions, arising from the same facts, involving the same issues and treated together by counsel, are presented to the court. One, under sections 914 and 915 of the Code, by a commissioner, under a commission from the Superior Court for Lower Canada, issued at the instance of the above-named liquidator, and in aid of which a subpcena duces tecum was issued by this court, to compel a witness, an officer of said company, to answer certain questions propounded to him, and to produce certain books and documents of said company, which he has refused to answer and produce respectively; and the other by the said company and witness to vacate the said subpcena duces tecum issued out of this court. The said company is a West Virginia corporation, with its principal office in New York city. The said liquidator was appointed by an order of the said Canadian court, under the provisions of the Canadian “Winding-up Act,” upon the petition of certain alleged creditors of the company, who have also instituted in the
Ordered accordingly.