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Buell v. Connecticut Mut. Life Ins.

BUELL v. CONNECTICUT MUT. LIFE INS. CO.

Buell v. Conn. Mut. Life Ins., 4 F. Cas. 590 (1875)
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Court
U.S. Circuit Court for the District of Northern Ohio · Historical Federal Courts
Decided
July 1, 1875
Judges
Welker
Citations
4 F. Cas. 5901 Cin. L. Bull. 51
Disposition
Motion denied.
Headnotes
Case No. 2,103. Practice at Law — Production of Letter on Trial — Proof of Existence — Pertinence to Issue — Possession —Affidavit of Attorney— Sufficiency.
Summary
[Action by Anna M. Buell against the Connecticut Mutual Life Insurance Company. Defendant moves under Rev. St. § 724, to require plaintiff to produce on the trial a letter, written by plaintiff’s husband, containing evidence pertinent to the issue, and alleged to be in plaintiff’s possession and control. [For decree sustaining plaintiff’s demurrer to the second defense interposed by defendant, see Case No. 2,104, following.]

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Opinion of the Court — Welker

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WELKER, District Judge.

Before such an order will be made, the defendant must make reasonable proof of the existence of such paper, its pertinency to the issue, and that it is in the possession of or under the control of the plaintiff.

The affidavit of the attorney of the defendant, stating that he believes, from reliable sources, of information and inquiry, that there is such a letter pertinent to the issue, and in possession of the plaintiff, is not such reasonable proof of the facts as to authorize such order, which is therefore refused.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1929: 119292026peak 1929 · 1

Relies on it most ⓘ

  1. Norwich Union Indemnity Co. v. H. Kobacker & Sons Co.31 F.2d 411 (6th Cir. 1929)

Most recent

  1. Norwich Union Indemnity Co. v. H. Kobacker & Sons Co.31 F.2d 411 (6th Cir. 1929)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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