2 Years Transportation Progress Volume 152 download torrent

2 Years Transportation Progress Volume 152 by National Reporter System

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Author: National Reporter System
Page Count: 726 pages
Published Date: 01 May 2012
Publisher: Rarebooksclub.com
Publication Country: Miami Fl, United States
Language: English
Format: PDF
ISBN: 9781231186596
Download Link: 2 Years Transportation Progress Volume 152
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1915 Excerpt: ...all its right to said lease--the assignee not being named or further described. 1 The original order for the examination of defendant covered substantially all the issues raised by the pleadings, and required defendant to produce all papers executed by Schultz to itself, and also the "deed poll" from defendant to the unnamed assignee, and any other papers between them. The order appealed from limits the examina (c)=For other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes tion "to possession of the premises," and to "prodice, if it is in its possession, the lease from Schultz to the defendant, or any assignment thereof." It seems to me that the limitation of the examination, so far as the relations of Schultz and the defendant are concerned, to the mere production of the assignment of the lease is incorrect, and the limitation to the question of possession, is apparently based on an erroneous view of the law. See Seventy-Eighth Street, etc., Co. v. Purssell Co. (App. Div., First Dept.) 152 N. Y. Supp. 52; also Adams v. Koehler & Co., 136 App. Div. 623, 121 N. Y. Supp. 390. Plaintiff is entitled to examine the defendant in order to prove the assignment of the lease by Schultz and its acceptance by defendant, together with the circumstances and accompanying documents. Defendant's claim that plaintiff cannot, in good faith, expect defendant to prove what it has denied in its answer, is not justified by the circumstances of this case. The contradictory allegations of the complaint and the answer, respectively, do not relate to a physical fact or a conversation such as were involved in the cases cited bv defendant (Weeks v. Whitney, 146 App. Div. 621, 131 N. Y. Supp. 408; Vogel Co. v. Backer Co.

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