Calhoun v. Commonwealth Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John C. Calhoun, 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 16th day of October, 1907.
1Concurrence
Ingraham, J. (concurring):
I concur with Mr. Justice Scott. While the cases cited in his opinion have recognized the rule that where a witness who has been examined under a commission has refused to answer the cross-interrogatories or submit to a cross-examination at all, the deposition "may be suppressed ; and that in such a case the party aggrieved by the refusal of the witness to submit to a cross-examination must" make his motion before trial so that the party relying upon the deposition may have proper notice of the fact that such an objec- '. tion will be taken, that rule only applies'…
2Cases cited1 opinion
- Michaelis v. Compania Metalurgica MexicanaAppellate Division of the Supreme Court of the State of New York · 1900