Townsend v. Lawrence
New York Supreme Court
The plaintiffs moved for a rule that the defendant produce and deposit with the clerk of the county, in which the venue in this case is laid, certain papers. The action is assumpsit, against the defendants as members of an unincorporated association or joint stock company. The declaration contains only the general counts in indebitatus assumpsit.
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The plaintiffs moved for a rule that the defendant produce and deposit with the clerk of the county, in which the venue in this case is laid, certain papers. The action is assumpsit, against the defendants as members of an unincorporated association or joint stock company. The declaration contains only the general counts in indebitatus assumpsit. The papers, the discovery of which are sought, are the original articles of association, and certain letters written by some of the associates to others of the association authorizing a subscription to the stock of the company; they are wanted to…
1Opinion of the Court
By the Court,
Savage, Ch. J.
In Lawrence v. The Ocean Insurance Company, 11 Johns. R. 245, note,a. rule was granted for the plaintiff in an insurance cause to produce the correspondence between the master or supercargo of a vessel having goods on board insured, and any other person or persons relating to the ship, cargo and voyage. In Willis v. Bailey, 19 Johns. R. 268, the court declare the principle upon which they proceeded in Lawrence v. The Ocean Ins. Co., viz. that the necessity of the rule to enable the parties to defend themselves was fully shewn, and that the defendants on a bill of…
2Cited by7 opinions
- Lefferts v. BramptonNew York Court of Common Pleas · 1862
- Arnold v. Pawtuxet Valley Water Co.Supreme Court of Rhode Island · 1893
- Gould v. . McCartyNew York Court of Appeals · 1854
- Jacques v. CollinsU.S. Circuit Court for the District of Southern New York · 1846
- Vieller v. OppenheimNew York Supreme Court · 1894
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