Oterie v. Vitale
Superior Court of Pennsylvania
Appeal, No. 94, Oct. T., 1913, by defendant, from judgment of C. P. Lancaster Co., March T., 1906, No. 48, on verdict for plaintiff in case of Santo Oterie and Chas. Delerno, trading as S. Oterie & Co., v. A. Vitale. Assumpsit to recover the price of bananas sold and delivered. Before Landis, P. J: At the trial the defendant claimed that he had bought the bananas from Russo Brothers of Baltimore and that he had paid Russo Brothers for them.
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Appeal, No. 94, Oct. T., 1913, by defendant, from judgment of C. P. Lancaster Co., March T., 1906, No. 48, on verdict for plaintiff in case of Santo Oterie and Chas. Delerno, trading as S. Oterie & Co., v. A. Vitale. Assumpsit to recover the price of bananas sold and delivered. Before Landis, P. J: At the trial the defendant claimed that he had bought the bananas from Russo Brothers of Baltimore and that he had paid Russo Brothers for them. The plaintiff offered in evidence depositions of Santo Oteri and Peter DeLerno taken in Louisiana on a day later than the day designated in the notice. No…
1Opinion of the Court
Opinion by
Rice, P. J.,
The principal question that was discussed on the argument of this appeal is based on the fact that the depositions of certain witnesses residing in another state, which were taken on a rule entered by leave of court under the Act of June 25, 1895, P. L. 279, were not taken on the day designated in the notice, but on a later day. It is argued that the giving of due notice of the time and place, when and where the depositions are to be taken, is a requirement which the court cannot dispense with without the consent of the parties, which, of course, is an indisputable…
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