Butler v. Lee
New York Supreme Court
THIS was an appeal from so much of an order made at a special term, by Justice Davies, as required the original draft or bill of exchange on which the action was brought, to be annexed to the commission issued to examine certain witnesses in Iowa for the defendants; the draft or bill of exchange to be delivered by the plaintiffs or their attorney to the clerk of this court, for that purpose, who should, before annexing the draft to the commission, cause a photograph of said…
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THIS was an appeal from so much of an order made at a special term, by Justice Davies, as required the original draft or bill of exchange on which the action was brought, to be annexed to the commission issued to examine certain witnesses in Iowa for the defendants; the draft or bill of exchange to be delivered by the plaintiffs or their attorney to the clerk of this court, for that purpose, who should, before annexing the draft to the commission, cause a photograph of said draft to be taken, at the expense of the defendants, to be allowed them as disbursements in the action in case of their…
1Opinion of the Court
By the Court,
Sutherland, J.
We think that part of the order at special term, appealed from, should be reversed with ten dollars costs. We find neither precedent or principle authorizing that part of the order. (19 N. Y. Rep. 9. 1 Duer, 652. 1 Kern. 575. 3 R. S. 293.) The code (§ 388) and the revised statutes have prescribed a mode in which the defendants and their witnesses can have an inspection of the draft, if necessary, here and within the jurisdiction of this court; but we see no power in the court to compel the plaintiffs to part with their property (the draft) in the manner and for the…
2Cases cited2 opinions
- Hoyt v. American Exchange BankThe Superior Court of New York City · 1853
- Edmonstone v. . HartshornNew York Court of Appeals · 1859
3Cited by1 opinion
- Kelley v. WeberNew York Supreme Court · 1880