Legal Opinion

Decauville Automobile Co. v. Metropolitan Bank

Appellate Division of the Supreme Court of the State of New York

Decided February 21, 1908PublishedCited by 6 opinions

Appeal by the defendant, the Metropolitan Bank, 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 24tli day of January, 1908, suppressing the depositions of Bernard Legendre and Alfred Thievre, together with the exhibits annexed thereto, and declaring the same null, void and of no force and effect, and directing that they be not received in evidence on the trial of the issues herein.

1Opinion of the Court

Laughlin, J.:

On a former appeal herein this court affirmed an order, granted on the application of .the defendant, for a commission to examine certain designated witnesses and" others not designated, on oral questions, in the city of Paris, France, (122 App. Div. 923). The plaintiff is a domestic business corporation and the defendant is a domestic- banking corporation and the successor to the Hational Shoe and Leather Bank. It appears by the complaint in the record on the former appeal that the plaintiff seeks'to recover, on two counts, the amount of two items of money delivered to the…

2Cases cited3 opinions

  1. Kimball & Rowe v. Davis & BrownNew York Supreme Court · 1838
  2. Union Square Bank v. ReichmannAppellate Division of the Supreme Court of the State of New York · 1896
  3. Kelley v. WeberNew York Supreme Court · 1880

3Cited by6 opinions

  1. Saenz v. SandersCourt of Appeals of Texas · 1951
  2. People ex rel. Ickes v. RushworthIllinois Supreme Court · 1920
  3. Bowen v. Havana Electric Railway Co.Appellate Division of the Supreme Court of the State of New York · 1911
  4. Drew v. DrewNew York Supreme Court · 1949
  5. In re the Estate of VilenskyNew York Surrogate's Court · 1979

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