Davies v. Fish
New York Supreme Court
Appeal from an order made at a Special Term, vacating an order requiring the defendant Fish to appear and be examined as a witness before the trial. The action was brought by the receiver of the firm of Grant & Ward against James D. Fish, one of the partners thereof, and against his assignee for the benefit of creditors, and against Julien T. Davies as the assignee of the firm.
1Opinion of the Court
Daniels, J.:
The order directing the appearance and examination of the defendant seems to have been vacated upon the understanding that.his examination as a witness would tend to establish the commission of some criminal offense by him, and therefore he was privileged from answering. If the facts sustained this position, then under the authority of Yamato Trading Company v. Brown (27 Hun, 248); Andrews v. Prince (31 id., 233), and Corbett v. De Comeau (5 Abb. N. C., 169), the order requiring the appearance and directing the examination of the defendant was improperly made. But that does not…
2Cases cited1 opinion
- Corbett v. De ComeauThe Superior Court of New York City · 1878