Peck v. Klepfel

This is an appeal from a judgment of the City Court of Buffalo in favor of the defendant and against the plaintiff, in an action to recover upon a promissory note, and certain questions of practice, which deserve careful attention, have been raised in relation to the taking and using depositions of witnesses residing outside the State of New York.

The plaintiff sued as indorsee and the defense, so far as material to this opinion, consisted of a general denial. On the application of the plaintiff a commission was issued to take the testimony of J. T. Simmons and Cecelia Martin, witnesses…