Robbins v. Davis
U.S. Circuit Court for the District of Southern New York
The plaintiff in this case [David Bobbins] contracted to build a hotel at Pensacola, Florida, for the Pensacola City Company, an unincorporated association, of which the de-fen dan ts [Charles A. Davis, Morris Kobinson, and Samuel Jandon] were trustees. The office of the trastees was in New-York, where •their books, accounts and documents were kept, and their secretary, one Thurston, resided.
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The plaintiff in this case [David Bobbins] contracted to build a hotel at Pensacola, Florida, for the Pensacola City Company, an unincorporated association, of which the de-fen dan ts [Charles A. Davis, Morris Kobinson, and Samuel Jandon] were trustees. The office of the trastees was in New-York, where •their books, accounts and documents were kept, and their secretary, one Thurston, resided. The bill was filed for a discovery and account, and an answer put in, and on the taking of proofs before a commissioner, the secretary was examined ¿s a witness. He admitted that he was in possession of…
1Opinion of the Court
BETTS, District Judge.
This is a motion that the defendants produce before the commissioner taking testimony, certain books of entries, in which minutes of the proceedings of the Pensacola City Company, an unincorporated association, are kept, and of which company the defendants are trustees, and acting agents and directors. The motion is founded upon proceedings in the commissioner's office. The proofs taken by that officer are returned by him, and the unsuccessful effort of the plaintiff to have the books and documents put in evidence, is set forth in the return. The witness under…
2Cases cited3 opinions
- President, Directors & Co. of the Bank Utica v. HillardNew York Supreme Court · 1825
- Eager v. Wiswall & PriceNew York Court of Chancery · 1831
- Watts v. LawrenceNew York Court of Chancery · 1831
3Cited by2 opinions
- Leitstein v. Capital Co.Court of Appeals for the Third Circuit · 1938
- West Pub. Co. v. Edward Thompson Co.U.S. Circuit Court for the District of Eastern New York · 1907