Hyperlawhypertext legal database Skeele Coal Co. v. Baker 147 N.Y.S. 1142

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Skeele Coal Co. v. Baker

147 N.Y.S. 1142 Court N.Y. App. Div. Decision date 1914-06-05 English

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Majority

p. 1142
SKEELE COAL CO., Respondent, v. BAKER, Appellant.
(Supreme Court, Appellate Division, First Department.
June 5, 1914.)

Headnote

Appeal from Trial Term, New York County. Action by the Skeele Coal Company against Charles T. Baker. From an order ,denying defendant’s motion for a commission to take depositions of witnesses without the state, the defendant appeals. Reversed, and motion granted.
Manning Stires, of New York City, for appellant.
Nicholas W. Hacker, of New ■York City, for respondent.

We think the defendant vras entitled to a commission for the purpose of talcing the evidence of the witnesses. The order should therefore be reversed, with $10 costs and disbursements, and the motion for a commission' on written interrogatories and cross-interrogatories granted; the question of the stay of trial to be left to the trial judge.