Franklin Acceptance Corp. v. Superior Electrical Industries, Inc.

HENDRY, Judge.

Plaintiff-appellant instituted this action on October 11, 1960 seeking to recover on a promissory note.

On March 22, 1961, subsequent to plaintiff’s motion for summary judgment, the trial judge entered an order appointing a commissioner to take testimony in regard to the defendant’s allegation of payment of the note.

The custodian of the corporate records of the plaintiff was served with a subpoena duces tecum returnable before the commissioner on April 3 and April 7, 1961. Thereafter, the hearing before the commissioner was adjourned until May 4, 1961. A subsequent subpoena duces…