Parr v. Loder
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Noah Loder, Jr., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the, 26th day of March, 1902, upon the verdict of a jury, and also from an order entered in said clerk’s office on the ljth day of March, 1902, denying the defendant’s motion for a new trial made upon the minutes. '
1Opinion of the Court
FEookbr, J.:
The defendant was appointed a commissioner to take evidence for ■use in an action pending in one of the courts of the State of Tennessee. The plaintiff and his wife were to be examined as witnesses. Pursuant to an agreement of the parties to this action the commission was delivered to the plaintiff, who lived in Yonkers, and later the defendant went to that city and took the depositions. After that had been done, the plaintiff swears that he took the papers, stating that he desired to consult his attorney in relation thereto, for the purpose of clearing up some matters that he was…
2Cases cited2 opinions
- Heyne v. . BlairNew York Court of Appeals · 1875
- Owens v. New Rochelle Coal & Lumber Co.Appellate Division of the Supreme Court of the State of New York · 1899