Lentilhon v. Bacon
New York Supreme Court
Appeal from special term, New York county. Action by Joseph Lentilhon and others against Williamson Bacon to recover a certain sum of money. A motion by plaintiffs for an open commission to examine witnesses in the state of Missouri was granted, and defendant appeals. Reversed.
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Appeal from special term, New York county. Action by Joseph Lentilhon and others against Williamson Bacon to recover a certain sum of money. A motion by plaintiffs for an open commission to examine witnesses in the state of Missouri was granted, and defendant appeals. Reversed. The affidavit in support of the motion is as follows: “Joseph Lentilhon, being duly sworn, deposes and says (1) that he is one of the plaintiffs in the above-entitled action, and that ail the parties thereto are of full age and competent. (2) That issues of fact have been joined herein by the service on the 24th day of…
1Opinion of the CourtVan Brunt, P. J.
It is the well-settled rule that an open commission should never be granted, except under peculiar circumstances, and certainly not upon the motion of the plaintiff without the strongest and most convincing reasons, as the granting of such a motion upon behalf of the plaintiff would simply be transferring the trial of the cause to a jurisdiction different from that in which he has seen fit to place the venue. No facts whatever, justifying the order in question, are disclosed by the papers upon which this motion was granted. It may be more convenient for the plaintiffs to transfer the trial of…
2Cited by4 opinions
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- Burnell v. ColesCity of New York Municipal Court · 1898
- Einstein v. General Electric Co.Appellate Division of the Supreme Court of the State of New York · 1896