La Farge v. La Farge Fire Insurance
The Superior Court of New York City
This action comes before the court, on an appeal from an order of Mr. Justice Hoffman, made the 13th of March, 1857, denying a motion that an attachment issue against James Van Norden, the defendants’ president, for an alleged contempt, in not obeying a subpcena duces tecum.
Read the full summary
This action comes before the court, on an appeal from an order of Mr. Justice Hoffman, made the 13th of March, 1857, denying a motion that an attachment issue against James Van Norden, the defendants’ president, for an alleged contempt, in not obeying a subpcena duces tecum. The action is brought upon an agreement alleged to have been made by the defendants, to transfer to the plaintiff shares of their capital stock to the amount of $6,500, in consideration of the assignment to them by the plaintiff, of 'a bond and mortgage, on which that sum was due. The action being at issue, it was…
1Opinion of the Court
By the Court—Bosworth, J.
The plaintiff contends that the court cannot, under its power to compel a discovery of books and papers, as granted by the Revised Statutes and the rules under *29them, or as granted by the Code, make any order which will furnish the plaintiff all the relief he needs and is entitled to.
That as a plaintiff has now the right to examine the adverse party as a witness, he should be allowed to compel the production of the books and papers of a corporation when a party, by a subpcena duces tecum, served on its officer, who is the legal custodian of its books and papers.
The…
2Cited by8 opinions
- Ex Parte ClarkeCalifornia Supreme Court · 1899
- Wertheim v. Continental Ry. & Trust Co.District Court, S.D. New York · 1883
- Hurricane Telephone Co. v. MohlerWest Virginia Supreme Court · 1902
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. C. & A. Potts & Co.Indiana Court of Appeals · 1904
- Woods v. De FiganiereThe Superior Court of New York City · 1863
3 more not listed; retrieve them via the Exa API.