In re American Sugar Refining Co.
U.S. Circuit Court for the District of Southern New York
Motion by Henry A. Wise, United States Attorney, to punish the American Sugar Refining- Company for failing to obey a subpcena duces tecum.
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Motion by Henry A. Wise, United States Attorney, to punish the American Sugar Refining- Company for failing to obey a subpcena duces tecum. The following is a substantial copy of the subpoena duces teemq requiring defendant to produce: A mortgage made to the Central Trust Company of New York to secure bonds of $10,-000,000 made January 10, 3891; also a contract or contracts between the American Sugar Refining Company and each of the constituent companies, guaranteeing debts of said companies, made-January, 1891; also an agreement, dated April 2, 1891, between the American Sugar Refining…
1Opinion of the Court
LACOMBE, Circuit Judge.
The motion made by the United States attorney to punish the company for contempt in failing to obey a subpoena duces tecum, requiring it to produce certain books aDd papers before the grand jury, is denied for the reason that the subpoena is obnoxious to the criticism which was sustained by the Supreme Court in; Hale v. Hendel, 201 U. S. 43, 26 Sup. Ct. 370. 50 L. Ed. 652—it is “far too sweeping in its terms to be regarded as reasonable.”
The corporation moves to set aside the second subpoena, directed to it, served on its president and resident agent, and which is…
2Cases cited1 opinion
- Hale v. HenkelSupreme Court of the United States · 1906
3Cited by7 opinions
- Robert Hawthorne, Inc. v. Director of Internal RevenueDistrict Court, E.D. Pennsylvania · 1976
- Application of Bendix Aviation CorporationDistrict Court, S.D. New York · 1945
- Commonwealth v. Southern Express Co.Court of Appeals of Kentucky · 1914
- In re Eastman Kodak Co.District Court, W.D. New York · 1947
- In re KellyDistrict Court, S.D. New York · 1956
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