Johnson v. Phillips

In an action on a promissory note for $2,000, brought by a resident of Florida against a resident of New York, in which the answer asserts a defense of payment, the order dated May 6, 1953, grants plaintiff’s motion for the issuance of a commission to take his and his wife’s testimony in Florida upon written interrogatories and cross-interrogatories. Defendant appeals upon the ground that an order, dated November 15, 1951, directs plaintiff to appear for examination at least ten days before trial of the action, and plaintiff has not appeared; and on the ground that the order should provide…