Bankers' Money Order Ass'n v. Nachod
Appellate Division of the Supreme Court of the State of New York
Appeal by thé' defendants, Friedrich Hachod and others, 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 6th, day of June, 1907, sustaining the plaintiff’s objections to the production of a letter by a-witness whose deposition was directed to be taken'for the purpose of being used on a motion.
1Dissent
Lambert, J. (dissenting):
Plaintiff recovered a judgment - against the defendants for. $34,372.63.. The defendants desired to move for a new trial upon the ground of newly-discovered evidence. An order was entered Hay 24, 1907, directing the taking of the deposition of Bainbridge Colby, an attorney, for use on said motion, under the provisions of section 885 of the.Code of Civil Procedure. The order provided for the production of a certain letter in the possession of Colby. Hpon the latter appearing for the purposes of the order the plaintiff interposed objections to the introduction of the…
2Cases cited1 opinion
- In re WhitlockNew York Supreme Court · 1889