Lazarus v. Schröder
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Wilhelm Schroder, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of New York on the 5tli day of February, 1900, denying the defendant’s motion for a commission to take testimony.
1Opinion of the Court
Rumsey, J.:
It is fairly to be inferred from the affidavits that the witnesses whose examination by commission is sought are not in the State of Hew York, but are now in the city of Amsterdam, Holland. There can be no question upon the affidavit that their testimony is material. It- is almost a matter of course in such cases to grant a commission to take testimony, and the defendant would be entitled to one, to take the testimony of these material witnesses, but for the fact that he has not given in his affidavit the names of some of the witnesses as required by section 887 of the Code of…
2Cited by3 opinions
- Gelderman v. Stoomvaart Maatschappy Nederland & Funch Edye & Co.New York Supreme Court · 1924
- Harden v. HoopsAppellate Division of the Supreme Court of the State of New York · 1910
- Wilcox v. SternAppellate Division of the Supreme Court of the State of New York · 1903