General

Waterbury and another against Delafield

1 Cai. 512·New York Supreme Court of Judicature·1804·NY

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Opinion

Waterbury and another against Delafield. Where a suit has been consolidated, and a commission sued out in the consolidated cause, in which the defendant had joined, the court will allow the evidence taken under it to be read on the trial of the principal suit. This was the principal suit in several actions on a policy of insurance, in which a consolidation rule had been granted. A commission to examine had been taken out, titled in the consolidated cause; in the commission the defendant joined, and titled his cross interrogatories in the same manner. Hoffman moved to read, in the principal cause, the evidence taken under the commission, titled in that which had been consolidated. The Court, after some words by Pendleton, in opposition, granted the motion with costs to abide .the event of the suit. [MAJORITY] Motion granted.