Zeitz v. Cook
Appellate Division of the Supreme Court of the State of New York
Action by Hyman Zeitz and another against Harry Cook and Aaron Benjamin.
1Opinion of the Court
PER CURIAIM.
Order vacating order for examination before trial reversed, with $10 costs and disbursements, and motion denied, with $10 costs. Tbe affirmative defense is a legitimate ground to examine a plaintiff before trial. Plaintiffs' relation to this bond and mortgage necessarily implies that tbey know how they took It with the guaranty, and hence that a plaintiff can give testimony that is material upon tbe issue whether or not tbey made it a cover for a usurious loan to the mortgagor. Anderson v. Lisman, 130 App. Div. 134, 114 N. Y. Supp. 343. The grounds shown for such axamlnatioa were…
2Cases cited6 opinions
- Continental Securities Co. v. BelmontAppellate Division of the Supreme Court of the State of New York · 1911
- Tisdale Lumber Co. v. DrogeAppellate Division of the Supreme Court of the State of New York · 1911
- Anderson v. LismanAppellate Division of the Supreme Court of the State of New York · 1909
- Van Mater v. PostAppellate Division of the Supreme Court of the State of New York · 1911
- Poole v. MeansAppellate Division of the Supreme Court of the State of New York · 1911
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