Commercial Bank v. Dunham
New York Supreme Court
Petition for discovery of books, &c. The plaintiffs state that the action is brought upon a promissory note, made by Greene & Mather, as agents for the defendants, who, from the year 1845 to the year 1855 inclusive, were engaged in the transportation of goods and merchandise upon the Hudson River $ that the defendants’ association was known by the name of the New-York Freight and Passage Association ; that in 1845 Charles S. Olmsted was the agent of the defendants, and one…
Read the full summary
Petition for discovery of books, &c. The plaintiffs state that the action is brought upon a promissory note, made by Greene & Mather, as agents for the defendants, who, from the year 1845 to the year 1855 inclusive, were engaged in the transportation of goods and merchandise upon the Hudson River $ that the defendants’ association was known by the name of the New-York Freight and Passage Association ; that in 1845 Charles S. Olmsted was the agent of the defendants, and one Allen, being indebted to the association, transferred to Olmsted certain boats to secure the debt; that the boats.were…
1Opinion of the Court
Harris, Justice.
The principles applicable to proceedings for the discovery of books, &c., have been Very carefully examined by Mr. Justice Hoffman, in Stalker agt. Gaunt, (12 Leg. Ob. 132.) The application in that case was made by the plaintiff. The petition stated particularly the questions at issue between the parties, and specified what the defendants’ books contained, which the plaintiff deemed material as evidence. Upon a very full consideration of the subject, it was held, that the plaintiff had not established a right to have the books produced.
“ Two important principles,” says the…
2Cited by6 opinions
- People ex rel. Cummer v. Judge of the Circuit CourtMichigan Supreme Court · 1878
- In re ConradesMissouri Court of Appeals · 1904
- Mott v. Consumers' Ice Co.New York Court of Common Pleas · 1877
- Vieller v. OppenheimNew York Supreme Court · 1894
- Dalzell v. Fahy's Watch Case Co.The Superior Court of New York City · 1893
1 more not listed; retrieve them via the Exa API.