American Life Insurance & Trust Co. v. Sackett
New York Court of Chancery
This was an application on the part of the defendant, Gary Y. Sackett, for an order to examine (he defendants, S. S. & W. M. Bayard, as witnesses in behalf of Sackett, and for a commission,, and to extend the time to take testimony until the return of such commission.
Read the full summary
This was an application on the part of the defendant, Gary Y. Sackett, for an order to examine (he defendants, S. S. & W. M. Bayard, as witnesses in behalf of Sackett, and for a commission,, and to extend the time to take testimony until the return of such commission. The original bill was filed against the Bayards to foreclose and obtain satisfaction of a bond and mortgage, given by them to S. Bayard, deceased, and assigned by him to the complainants; and the executor of a subsequent mortgagee was made a party to the suit. The Bayards put in an answer setting up the defence of usury to the…
1Opinion of the Court
The Chancellor.
Several of the objections to this application are well taken. First, there is no affidavit that the Bayards are not interested in the matters as to which they are to be examined. The petition of their assignee only states that one of them is a material witness, not that he is not interested in the matters to which he is to be examined. And the affidavit of the solicitor, that they have been discharged under the bankrupt act, and that he is advised" and believes they are competent witnesses, is not sufficient. To render them competezzt, they shozzld at least have released to…
2Cited by6 opinions
- Forbes v. . WallerNew York Court of Appeals · 1862
- Terry v. McClintockMichigan Supreme Court · 1879
- Munson v. HegemanNew York Supreme Court · 1850
- Forbes v. WallerNew York Court of Appeals · 1862
- Latimer v. McKinnonAppellate Division of the Supreme Court of the State of New York · 1903
1 more not listed; retrieve them via the Exa API.