Martin v. Hicks
New York Supreme Court
Appeal from an order. ‘Robert Martin, as executor of Daniel Marley, sued Catherine E. N. Hicks (Countess Heinructh) in this court on a bond. The defendant brought a cross suit, seeking to set aside the bond, and for other relief, and relied in part on an informal memorandum, made by the deceased in presence of a servant, to prove that the bond was never intended to be enforced, but was delivered on a promise to surrender it cancelled forthwith..
Read the full summary
Appeal from an order. ‘Robert Martin, as executor of Daniel Marley, sued Catherine E. N. Hicks (Countess Heinructh) in this court on a bond. The defendant brought a cross suit, seeking to set aside the bond, and for other relief, and relied in part on an informal memorandum, made by the deceased in presence of a servant, to prove that the bond was never intended to be enforced, but was delivered on a promise to surrender it cancelled forthwith.. The obligor in the bond (defendant in the first, and plaintiff in the second action) obtained an order for the perpetuation of the servant’s…
1Opinion of the CourtDavis, P. J.
The order to perpetuate the testimony of a witness was made upon ah application by affidavit which complied with all the requirements of the statute. The motion to vacate the order was not made upon any alleged irregularity in granting it, but on the ground that it was improvidently granted,. and on an affidavit and order made in one of the cases at circuit denying motion to postpone the trial of the action, and on the pleadings in the said actions respectively. It is asserted by the counsel for the appellant *347and substantially so stated by the managing clerk in the office of the appellant’s…
2Cited by2 opinions
- Cohen v. EllisNew York Supreme Court · 1885
- Mott v. Consumers' Ice Co.New York Court of Common Pleas · 1877