Supreme Court Appellate Division- First Department (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1912 edition. Excerpt: ...witness to complete his answer so as to make the answer as he intends it. Mr. Talley: I do not think there is any objection to his completing his answer. I made no objection. 1428 The Witness: In the contract we had a provision--our office was careful to put in a provision--that if any action was brought affecting that franchise or its title we should be either associated as counsel or that, if necessary, we might appear; something like that; I am not giving the exact words. And when it became necessary to institute this proceeding for a mandamus, we became the attorneys, due to the carrying out of the provisions of that contract. Mr. L'Amoreaux: And attorneys for that purpose only? 1430 Examination of David Gerber WIS The Witness: Attorneys for that purpose only, because we wanted to protect our interest in the bonds and see that the title to that franchise was not injured by reason of misrepresentation to the Court when we were not heard, because we knew all about it. And I was careful that my firm should be in any litigation that had anything to do with that franchise so long as we represented anybody who had interest in the bonds. (). This proceeding in which you appeared, as you have testified, was a mandamus directed against the Subway and Telegraph Company, and so forth? A. The Consolidated Telegraph and Electrical Subway Company. O. Yes, directing them to permit the Cong Acre Company to utilize its ducts and subways? A. For our electrical ducts. O. It was not an action or proceeding to establish the title of the Cong Acre Company to this franchise, was it? A. Yes, sir. Application was made to the Consolidated Company for leave to string our electrical conductors through their subways. Their answer was that our franchise was not...