Legal Opinion

Rockland Chemical Co. v. F & F Manufacturing, Inc.

Nebraska Supreme Court

Decided March 28, 1969No. 37049Published

1Opinion of the CourtWhite, C. J.

The principal question involved in this case, an action, for payment for goods sold and delivered, is whether unsigned depositions, where the signatures have been waived by the parties, are admissible in evidence. Plaintiff, a foreign corporation, took the depositions, consisting almost entirely of foundation testimony and identification of exhibits, in the State of New Jersey. Defendant signed no waivers and the depositions of the witnesses were unsigned.

Generally this problem turns on whether the statu*236tory provisions as to signature are mandatory or directory in nature. Are they for the…

2Cases cited4 opinions

  1. Hoyberg v. HenskeSupreme Court of Missouri · 1899
  2. Will Docter Meat Co. v. Hotel KingswayMissouri Court of Appeals · 1950
  3. Bean v. Camden Lumber & Fuel Co.Supreme Judicial Court of Maine · 1926
  4. Dale Factors Corp. v. Jay Kay Metal Specialties Corp.New York Supreme Court · 1965

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