Calhoun v. Commonwealth Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John C. Calhoun, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 16th day of October, 1907.
1Dissent
McLaughlin, J. (dissenting):
The rule is well settled that where 'a party is deprived of the benefit of the cross-examination, of a witness, either by the party-producing him or by the witness himself, the testimony given on direct examination cannot ■ stand. (People v. Cole, 43 N. Y. 508; Gallagher v. Gallagher, 92 App. Div. 138; Morley v. Castor, 63 id. 38.) The same rule applies to the examination of a witness on commission, (Sturm v. Atlantic Mut. Ins. Co., 63 N. Y. 77; Goldmark v. Metropolitan Opera House Co., 22 N. Y. Supp. 136.)
Applying this rule .to the' deposition of the witness…
2Cases cited5 opinions
- The People v. . ColeNew York Court of Appeals · 1871
- Sturm v. . Atlantic Mutual Insurance Co.New York Court of Appeals · 1875
- Wright v. . CabotNew York Court of Appeals · 1882
- Gallagher v. GallagherAppellate Division of the Supreme Court of the State of New York · 1904
- Goldmark v. Metropolitan Opera-House Co.New York Supreme Court · 1893