First National Bank v. Gow

The pendency of a suit by the judgment debtor against this witness upon the alleged cause of action concerning which his testimony is sought in these supplementary proceedings is no bar to the examination. Even if the judgment creditor were suing him these proceedings could be used for the purpose of an examination before trial, as the law is settled in this department at least. The con*548trary of the latter proposition was held by Mr. Justice Barrett in 1885, in Schloss v. Wallach, 16 Abb. N. C. 319n. but he was reversed by the General Term (38 Hun, 638), and an appeal to the Court of Appeals…