Woods v. De Figaniere
The Superior Court of New York City
Examination of adverse party before trial, and motion to punish for contempt. This action was by William S. Woods and John D. Williams against Louis F. De Figaniere, President of the Pioneer Iron Furnace Company, a joint-stock company, consisting of more than seven shareholders or associates, to recover $953.91 for goods sold and delivered, and other causes of action arising upon contract. The plaintiffs procured an order for the examination of the defendant before trial.
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Examination of adverse party before trial, and motion to punish for contempt. This action was by William S. Woods and John D. Williams against Louis F. De Figaniere, President of the Pioneer Iron Furnace Company, a joint-stock company, consisting of more than seven shareholders or associates, to recover $953.91 for goods sold and delivered, and other causes of action arising upon contract. The plaintiffs procured an order for the examination of the defendant before trial. The questions which arose during the examination sufficiently appear from the opinion.
1Opinion of the CourtRobertson, J.
The defendant is under examination as a witness under section 390 of the Code, and being asked as to certain documents, testifies they are in the possession of his counsel. He is sued as the president of a joint-stock company *160consisting of more than seven persons, and refuses to produce such documents, or ask his counsel to produce them.
I do not consider the association represented by the defendant as such a corporation, or artificial person (Lafarge a. Lafarge Fire Ins. Co., 14 How. Pr., 26), as to entitle him to refuse to deliver papers under his control on a proper occasion, and when asked…
2Cases cited5 opinions
- Hoyt v. American Exchange BankThe Superior Court of New York City · 1853
- Bonesteel v. LyndeNew York Supreme Court · 1853
- La Farge v. La Farge Fire InsuranceThe Superior Court of New York City · 1857
- Hoyt v. American Exchange BankThe Superior Court of New York City · 1853
- Draper v. HenningsenThe Superior Court of New York City · 1857
3Cited by1 opinion
- Wertheim v. Continental Ry. & Trust Co.District Court, S.D. New York · 1883