The Superior Court of the City of New York and Buffalo September 15, 1891 (Bloom v. Pond'S Extract Co.)

McAdam, J.

The necessity for the examination of the defendant’s treasurer as a witness before trial is that the fact sought to be proved, i. e., whether Evans, who made the contract on behalf of the defendant, had authority to make it, is peculiarly within the knowledge of the defendant. Manufacturing Co. v. Sutro, (Sup.) 6 N. Y. Supp. 384.