Koehler v. Sewards
New York Supreme Court
Appeal from special term, New York county. Action by Bertha Koehler, executrix, etc., respondent, against Samuel D. Sewards, appellant. Plaintiff obtained an order requiring defendant to appear and be examined before trial, which defendant moved to vacate. Prom an order denying this motion defendant appealed.
1Opinion of the CourtDaniels, J.
The object for which the examination of the defendant has been directed to be taken is to obtain facts to insert in the complaint, to present a cause of action. The claim is made that, on loans of money made at different times by the defendant to the testator, usurious rates of interest were exacted and paid, and it is proposed to examine the defendant, to obtain an account of such loans, and the interest reserved and received. But fundamental difficulty appears in the way of sustaining the order; and that is that the affidavit has been made by the attorney, and its important statements rest…
2Cases cited2 opinions
- Steuben County Bank v. . AlbergerNew York Court of Appeals · 1879
- Barnard v. . KobbeNew York Court of Appeals · 1874
3Cited by3 opinions
- Bowes v. National City BankNew York Supreme Court · 1938
- De Lacy v. WalcottThe Superior Court of the City of New York and Buffalo · 1891
- New York Press Club v. LoydThe Superior Court of the City of New York and Buffalo · 1895