Hempel v. Heckscher

If this were an action on an ordinary commercial contract there could be no question that plaintiff would be entitled to examine the defendant before trial as to at least some of the paragraphs of the notice. Defendant’s denial that he made the contract sued upon would not deprive plaintiff of the right and opportunity to examine him orally on that point. Indeed it is only a,s to allegations that are put in issue that a party can, as a rule, examine his adversary. The fact that plaintiff may have personal knowledge as to the subject-matter of the examination would be equally ineffective to…