Tieman v. Davies, Turner & Co.

The exclusion of the deposition of the defendant Royals was in conformity with the provisions of section 303 of the Civil Practice Act, since no notice was given to the corporate defendant. The exclusion of the deposition of the vice-president of the corporate party defendant was erroneous. The deposition of an adverse party duly taken on notice is admissible by the plain terms of section 304 of the Civil Practice Act. (National Fire Insurance Co. v. Shearman, 223 App. Div. 127.) The error in excluding the vice-president’s deposition, however, was harmless since it contained nothing…