Spotts v. O'Neil

MANDELBAUM, District Judge.

The defendant seeks an order vacating and setting aside the notice of taking Anderson’s deposition dated October 16th, 1939, a prospective witness for the plaintiff, on written interrogatories and for an order directing that Anderson’s testimony be not taken on interrogatories.

The action is to recover a sum of money alleged to have been procured from the plaintiff by false and fraudulent statements and pretenses.

The chief objection by the defendant to the procedure adopted by the plaintiff is that Anderson, whose testimony is sought by the plaintiff, is in reality…