William H. McGowan, as Receiver of Penn National Bank and Trust Company of Reading, Respondents v. Thomas C…

Summary

The New York Court of Appeals reversed the lower court's order directing the examination of defendants through a former employee and compelling production of their books for that examination, holding that the court lacked power under the Civil Practice Act. The court affirmed the proper examination of defendants through a party but rejected treating a former employee as a party for discovery purposes.