St. Clair Paper Manuf'g Co. v. Brown
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Action by the St. Clair Paper Manufacturing Company against Clarence H. Brown and another' to recover goods sold by plaintiff to defendants, and damages for the detention thereof. From ah order denying a motion to vacate an order for the examination of defendants before trial, defendants appeal. Affirmed.
1Opinion of the CourtParker, J.
The appellants urge that there must be a reversal, because the plaintiff’s moving affidavit, for an order for the examination of the defendants, contains no allegation “that the plaintiff intends to use the proposed deposition of the defendants upon the trial of this action.” It is true that the allegation in so many words cannot be found in the papers, nor, indeed, any other statement in which the affiant asserts in express terms that it was the plaintiff’s intention to read the testimony upon the trial. If it were needful, therefore, that the plaintiff should have an explicit statement to…
2Cases cited1 opinion
- Green v. Middlesex RailroadNew York Supreme Court · 1894