KENERSON v. DAVIS


278 A.D. 482 (1951)

Charles J. Kenerson, Appellant, v. Charles S. Davis et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 29, 1951.


Attorney(s) appearing for the Case

Harold E. Simpson for appellant.

Allan H. Treman for Charles S. Davis, respondent.

Truman K. Powers for Morse Chain Co., respondent.

FOSTER, P. J., HEFFERNAN, BREWSTER and DEYO, JJ., concur.


BERGAN, J.

After commencing this action plaintiff applied for an order to examine the defendants "to ascertain the facts" for the purpose of preparing a complaint and the application has been denied at Special Term.

For many years plaintiff was employed by the defendant Morse Chain Co. In 1933 he was elected a director, vice-president, treasurer, and general manager. The complete control of the company...

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