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HORNBLOWER & WEEKS v. SHERWOOD

307 N.Y. 204 (1954)

Hornblower & Weeks, Respondent, v. Eleanor B. Sherwood, Appellant; The Sheriff of the City of New York et al., Respondents, et al., Defendants.

Court of Appeals of the State of New York.

Decided June 3, 1954

Attorney(s) appearing for the Case

Sidney G. Kingsley and Charles L. Sylvester for appellant.

Nathaniel L. Goldstein, Attorney-General (Abe Wagman, Wendell P. Brown and Irving L. Rollins of counsel), for People of the State of New York, respondent.

DESMOND and FULD, JJ., concur with CONWAY, J.; FROESSEL, J., concurs for affirmance in separate memorandum; LEWIS, Ch. J., dissents in opinion in which DYE and VAN VOORHIS, JJ., concur.

CONWAY, J.

In March of 1931, a joint legislative committee had been appointed to investigate the affairs of the City of New York. The committee caused a subpœna to be issued for the appearance of one Russell T. Sherwood so that testimony might be obtained from him. Upon his failure to obey the subpœna a proceeding was instituted on October 30, 1931, under section 406-a of the Civil Practice Act to punish Sherwood...

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