August v. Fourth National Bank
New York Supreme Court
Appeal from special term, New York county. Action by Simon August and others against the Fourth National Bank. Defendant appeals from an order denying its motion to vacate an order for the examination of Frederick Fishel de bene esse. For report of former appeal, see 1 N. Y. Supp. 139.
1Opinion of the CourtBartlett, J.
This action has once been tried, and resulted in a verdict for the defendant. The judgment entered upon that verdict was reversed by the general term. 1 N. Y. Supp. 139. Perhaps the most important witness for the plaintiffs upon the first trial was Frederick Fishel, who testified to a large number of forgeries committed by himself. This witness has been for a long time incarcerated in the Ludlow-Street jail, in this city, under an order of arrest in an action brought against him by the plaintiffs in this suit. He is now ill, and the plaintiffs have obtained an order for his examination . de…
2Cases cited1 opinion
- August v. Fourth National BankNew York Supreme Court · 1888