Miller v. Daub

OPINION OF THE COURT

David B. Saxe, J.

In this case, concerning the enforceability of an oral agreement to form a partnership, the question arose whether the deposition of a nonparty witness could be read into evidence where that witness refused to appear in court to testify despite a court order to do so.

The facts are these: Abraham Padrusch, a nonparty witness, was deposed by the plaintiffs. Then, during the trial, Padrusch was subpoenaed by the plaintiffs to testify. Upon his refusal to honor the subpoena, the plaintiffs requested that his deposition be read into evidence. The defendants…