Vollkommer v. Cody (85 A.D. 57, 1903)

Jenks, J. :

These are judgment creditors’ actions to reach money in the Bands of the city of New York due to certain of the defendants on a judgment recovered by them against the city, which was assigned by them to the testator, whose executors are other defendants. The .ground of the action is that said assignment was made to hinder, delay and defraud creditors. The Special Term gave judgment for the plaintiff. The plaintiff called the defendant Elizabeth L. Cody as his witness, and offered in evidence her deposition taken in certain third party proceedings. This was objected to as incompetent and upon other specified grounds. The learned counsel for the plaintiff then stated that it was offered only against the defendant Elizabeth L. Cody as primary evidence of her admissions, and -the court, under exception, admitted the deposition solely on that ground. The plaintiff also offered in evidence an affidavit of the witness made in this case, which was received under objection and •exception as to its competency and materiality as against all of the ■defendants save the city of New York. Thereafter, without ■objection or exception, the examinations of the defendants James A. Cody and William J. Oody in supplementary proceedings were read in evidence.

The first objection, ruling and exception were sufficient to cover all of the same class of evidence without cumbering the record with further protests. (Dilleber v. Home Life Ins. Co., 69 N. Y. 256; Carlson v. Winterson, 147 id. 652; Lyons v. N. Y. Elevated H. R. R. Co., 26 App. Div. 57.) After the summing up by the respective counsel, the learned court, in directing judgment, said :