American Worcestershire Sauce Co. v. Armour & Co.

Plaintiff obtained an order for the examination before trial of defendant on the question of its failure to make delivery of merchandise pursuant to certain contracts. At the close of the examination by plaintiff, the attorney for defendant proceeded to cross-examine the witness. The witness was an employee of defendant through whom the defendant was being examined. Attorney for plaintiff objected to the procedure but permitted the cross-examination to continue, reserving his rights for an application to the court to strike out the testimony.

An examination before trial of an adverse party is…