Legal Opinion
Combes v. Maas
Appellate Division of the Supreme Court of the State of New York
Decided May 8, 1924PublishedCited by 10 opinions
1Opinion of the Court
Van Kirk, J.:
The defendant served a notice of taking by deposition before trial the testimony of the plaintiff at a time, and place, and before a person, named. The plaintiff procured an order to show cause why this notice should not be vacated on the grounds: (1) That the examination is not made in good faith; and (2) that the proposed examination is with reference to issues of which the defendant has not the affirmative of proof. The court granted the motion and vacated the notice. This appeal is from the order granting the motion.
The second ground is not well taken. Under the Code of Civil…
2Cases cited3 opinions
- Herbage v. . City of UticaNew York Court of Appeals · 1888
- Eagle-Picher Lead Co. v. Mansfield Paint Co.Appellate Division of the Supreme Court of the State of New York · 1922
- Terry v. Ross Heater & Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1917
3Cited by10 opinions
- Public National Bank v. National City BankNew York Court of Appeals · 1933
- Brand v. ButtsAppellate Division of the Supreme Court of the State of New York · 1934
- Parker v. BurgoyneCity of New York Municipal Court · 1938
- Middleton v. BoardmanAppellate Division of the Supreme Court of the State of New York · 1924
- Wood v. American Locomotive Co.Appellate Division of the Supreme Court of the State of New York · 1936
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