Van Son v. Herbst

The plaintiff sued to recover damages for an alleged breach of contract. He was required by an order properly entered to submit to an examination before trial. The examination was commenced on March 11, 1925, and continued on September 2, 1925. Within a fortnight after each of these occasions the testimony was transcribed and sent to plaintiff’s attorney. After it had been finally verified counsel for defendant Herbst discovered that it had been corrected in some thirty-five places. These corrections vary from slight changes in figures to very substantial changes, some of them accomplished by…