Michaelis v. Compania Metalurgica Mexicana
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Robert S„ Towne, from 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 7th day of March, 1900, granting the plaintiff’s motion to suppress the deposition of A. C. Michaelis taken under a commission.
1Opinion of the Court
Ingraham, J.:
The action was brought to recover the possession of certain stock of the defendant corporation and certain dividends paid thereon. This defendant appellant, answéring, denied the ]ilaintiff’s ownership of the said stock. The appellant procured a commission to be issued to take the testimony of the husband of the plaintiff in the republic of Mexico, and the plaintiff proposed cross-interrogatories which were annexed to the commission. The commission was executed, and after its return the plaintiff moved to suppress the deposition upon the ground that the witness had refused to…
2Cases cited1 opinion
- Goldmark v. Metropolitan Opera-House Co.New York Supreme Court · 1893
3Cited by2 opinions
- Calhoun v. Commonwealth Trust Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Hixson v. RodbournNew York Supreme Court · 1901