Legal Opinion

Franklin v. United Insurance

New York Supreme Court

Decided April 15, 1801PublishedCited by 2 opinions

An application, in behalf of the defendants, was made, in October term, which was within the time for making the motion for a commission to Porto Bello, in South America ; but as the affidavit did not mention the names of the witnesses to be examined, the motion was denied.

1Opinion of the Court

*Per Curiam.

Though the defendants account for their delay, in making this application, yet they do not state with certainty that there is a substantial defence ; or that they are informed, and believe any to exist. Where a party asks for delay, he ought to state positively that he has a defence on the merits ; and that he seeks only the requisite proof. The defendants ask for a commission, for the double purpose of ascertaining or discovering whether a defence really exists, and if it does, to obtain the requisite proof to support it. The affidavit does not state probable grounds to induce a…

2Cited by2 opinions

  1. Franklin v. United InsuranceNew York Supreme Court · 1800
  2. Brisban v. HoytNew York Supreme Court · 1828

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