Lansing v. Coley
New York Supreme Court
' Appeal from an order denying a new trial. The action was brought upon several promissory' notes indorsed by the defendant. The answer, which was verified, denied notice of dishonor or protest.
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' Appeal from an order denying a new trial. The action was brought upon several promissory' notes indorsed by the defendant. The answer, which was verified, denied notice of dishonor or protest. A commission was'issued for the examination of a witness, who had been partner with the plaintiff; and, to an interrogatory of the defendant asking when the partnership was dissolved, and under what circumstances, the witness answered, “ there has never been any regular dissolution-papers drawn up, except when I got into trouble, and then the plaintiff brought me a paper to sign, so it could be…
1Opinion of the Court
By the Court.*— Gould, P. J.
—The only question in this case, which is of general importance, arises upon the defendant’s exception to the exclusion of part of an answer to the seventh interrogatory put to William Lansing. The excluded part of the answer is plainly—and the defendant’s counsel in his argument concedes it to be—not responsive to the interrogatory : but he • says that the party putting the question is the only one who can object to the answer on that ground. That is to say, a party whoffinows that he has a willing witness, can shape his interrogatory so as to touch an entirely…
2Cited by3 opinions
- Gawtry v. DoaneNew York Supreme Court · 1866
- Ernst v. Estey Wire Works Co.Appellate Terms of the Supreme Court of New York · 1897
- Fuchs v. MorrisNew York Supreme Court · 1894