Irving v. Royal Exchange Assurance of London
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Alexander Duer Irving and others, from so much of an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 6th day of August, 1907, as disallows certain cross-interrogatories proposed by the plaintiffs to be annexed to a commission.
1Opinion of the Court
Per Curiam :
This action was brought to recover damages for the breach of a contract. After issue had been joined the defendant obtained a commission to take, upon written interrogatories, the testimony of certain witnesses residing in London, England. The plaintiffs proposed certain cross-interrogatories which the court at Special Term refused to allow, and the plaintiffs appeal from the order.
Unless the interrogatories to be annexed to a commission are' settled by consent of the parties they must be settled in the manner prescribed by the General Rules of Practice. (Code Civ. Proc. § 891.)…
2Cases cited1 opinion
- Uline v. New York Central & Hudson River RailroadNew York Court of Appeals · 1879
3Cited by4 opinions
- Jones v. JonesNew York Supreme Court · 1955
- In re the Estate of DurkanNew York Surrogate's Court · 1936
- American Institute of Scientific Research v. RandolphAppellate Terms of the Supreme Court of New York · 1913
- Dana v. Commercial Travelers Mutual Accident Ass'n of AmericaAppellate Division of the Supreme Court of the State of New York · 1934