Gates v. Beecher
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon a verdict. This action was brought against defendant as indorser of a promissory note made by the firm of Bassett, Beecher & Co. The note was for $800, dated May 31, 1870, payable two years from date.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon a verdict. This action was brought against defendant as indorser of a promissory note made by the firm of Bassett, Beecher & Co. The note was for $800, dated May 31, 1870, payable two years from date. The firm, as testified to by one of its members, was “ thrown into bankruptcy in June, 1871.” The note was, on the 3d day of June, 1872, presented for payment by a notary at the last place of business of the firm, and upon the same day it was…
1Opinion of the CourtFolger, J.
The general cross-interrogatory must be answered as well as the particular ones, and if it is not put and answered the deposition taken on commission will, in general, be suppressed. (Kimball v. Davis, 19 Wend., 437.) The reason given for this requirement is this, that unless it is done, it is impossible to say that the witness has told the whole truth. (S. C. in error, 25 Wend., 259, 268.)
In the case before us, as appears from the printed book, there were sixteen cross-interrogatories, the sixteenth being the general one. They were, beyond doubt, answered seriatim up to and including the…
2Cases cited9 opinions
- Van Keuren v. . ParmeleeNew York Court of Appeals · 1849
- Kimball & Rowe v. Davis & BrownNew York Supreme Court · 1838
- Youngs v. . LeeNew York Court of Appeals · 1855
- Robbins v. . FullerNew York Court of Appeals · 1862
- Brown v. KimballNew York Supreme Court · 1840
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3Cited by2 opinions
- Horn v. Mayor of BaltimoreCourt of Appeals of Maryland · 1869
- City of Kansas ex rel. Coates v. RidenourSupreme Court of Missouri · 1884