Corsen v Dubois
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1817 |
| Date | 01 January 1817 |
| Court | Court of Common Pleas |
English Reports Citation: 171 E.R. 228
IN THE COURT OF COMMON PLEAS
228 CORSEN V. DUBOIS HOLT 239. [239] corsen v. dubqis. (1. Upon a subpoena duces tecum, a witness is bound to produce a paper which he has in his actual custody, though the legal right and property in such paper belong to another. The Court, however, in all such cases will exercise their discretion, in deciding what papers shall be produced ; and under what qualifications, as respects the interest of the witness. 2. Such witness is bound to produce them, thougk there be a regular way prescribed by law for obtaining such documents.) This was an action on a bill of exchange, to which the defendant had pleaded his bankruptcy and certificate. Having sustained the plea by the production of his certificate, the plaintiff proposed to shew that there had been a prior commission in 1802, against Dubois and his partner, and that he had not paid 15s. in the pound under the second commission. In order to obtain evidence of that commission, a subpoena...
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JP Morgan Multi-Strategy Fund LP v Macro Fund Ltd
...283, not followed. (10) Copeland v. WattsENR(1815), 1 Stark. 95; 171 E.R. 412, referred to. (11) Corsen v. DuboisENR(1816), Holt. 239; 171 E.R. 228, referred to. (12) Derby & Co. Ltd. v. Weldon (No. 8), [1991] 1 W.L.R. 73; [1990] 3 All E.R. 762, dicta of Vinelott J. and Dillon, L.J. followe......
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