Legal Opinion
Bagdan Milk Co. v. Dairymen's League Co-op. Ass'n
District Court, S.D. New York
Decided November 10, 1930PublishedCited by 2 opinions
1Opinion of the Court
COXE, District Judge.
Admittedly, the two witnesses whose depositions de bene essee are sought under section 639, title 28, U. S. Code (28 USCA § 639), have “legal residences” more than 100 miles from the place of trial of the action. They actually live at those “legal residences,” although they spend the greater part of each week at the offices of the Dairymen’s League in New York City. I am clear, therefore, that both witnesses are within the section, no matter how narrow a construction is given to the word “lives.” Frost v. Barber (C. C.) 173 F. 848; Mutual Ben. Life Ins. Co. v. Robison (C.…
2Cases cited7 opinions
- Hanks Dental Assn. v. International Tooth Crown Co.Supreme Court of the United States · 1904
- Mutual Ben. Life Ins. v. RobisonCourt of Appeals for the Eighth Circuit · 1893
- Henning v. BoyleU.S. Circuit Court for the District of Southern New York · 1901
- Green v. Victor Talking Mach. Co.District Court, E.D. New York · 1926
- Blood v. MorrinU.S. Circuit Court for the District of Eastern Missouri · 1905
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Price & Pierce, Ltd. v. Gilson Bros.District Court, E.D. New York · 1932
- Seiden v. Concordia Fire Ins. Co. of MilwaukeeDistrict Court, S.D. New York · 1931