Legal Opinion

Frowein v. Lindheim

New York Supreme Court

Decided June 5, 1890PublishedCited by 1 opinion

At chambers. Action by Frederick J. Frowein, Wilhelm Frowein, Egbertus-A. Frowein, and Jacobus A. Frowein against Moses Lindheim to recover $2,495.20, alleged to have been received by defendant as agent for plaintiffs in the sale of tobacco. Defendant filed a petition for discovery and inspection of plaintiffs’ books, etc., so as to enable him to prepare his answer and counter-claim.

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At chambers. Action by Frederick J. Frowein, Wilhelm Frowein, Egbertus-A. Frowein, and Jacobus A. Frowein against Moses Lindheim to recover $2,495.20, alleged to have been received by defendant as agent for plaintiffs in the sale of tobacco. Defendant filed a petition for discovery and inspection of plaintiffs’ books, etc., so as to enable him to prepare his answer and counter-claim. The petition averred that on or about the 20th day-of April, 1889, defendant was employed by plaintiffs as their sole agent for the sale of their tobacco in the United States and Canada, and said plaintiffs…

1Opinion of the CourtIngraham, J.

The plaintiffs reside in Holland, and whatever books of account they have are there. It is obviously impossible that defendant should have any personal knowledge as to whether the plaintiffs, as matter of fact, did keep books of account or not, or, if any such books were kept, whether or not they contained any entries that would show whether or not plaintiff had sold goods to other persons in this country. It would be manifestly absurd to order the plaintiffs to produce all of their books of account, or certified copies of them, and yet, from the petition, it would be impossible to make an…

2Cases cited1 opinion

  1. Cornish v. WormserNew York Supreme Court · 1889

3Cited by1 opinion

  1. Frowein v. LindheimNew York Supreme Court · 1890

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