Scherer v. Everest

Citations

• 168 F. 822
• 94 C.C.A. 346
• 1909 U.S. App. LEXIS 4505

Syllabus

<p>1. Depositions (§ 83*) — Suppression Not Remedy foe Refusal to Testify.</p> <p>The suppression of depositions is not the remedy in equity and bankruptcy in the federal courts for the refusal of a witness to answer competent questions or to produce material evidence, because in case of an appeal all the evidence adduced must be presented to the appellate court.</p> <p>The true remedy is an enforced order of the proper court that the witness answer or produce the evidence.</p> <p>[Ed. Note. — For other cases, see Depositions, Cent. Dig. § 221; Dec. Dig. § 83.*]</p> <p>2. Depositions (§ 101*) — Parts of may be Introduced by Opposing Party.</p> <p>When the taker of a deposition fails or refuses after its return to put it in evidence, the opposing party may introduce all or a part of it, and the taker may then put in evidence any other part not introduced by his opponent.</p> <p>[Ed. Note. — For other cases, see Depositions, Cent. Dig. § 238; Dec*. Dig. § 101.*]</p> <p>3. Corporations (§§ 450, 599*) — Ultra Vires — Holders for Value of Excessive Indebtedness may Enforce Notwithstanding.</p> <p>The fact that a corporation, authorized to issue commercial paper within a limit prescribed by a statute which does not declare indebtedness In excess of that limit void, created an indebtedness in excess of the limit to the knowledge of the purchasers of this commercial paper for value, does not relieve it from liability thereon.</p> <p>The remedy for the violation is ouster of the corporation by the state, not the destruction of the purchasers’ contraéis.</p> <p>[Ed. Note. — For other eases, see Corporations, Cent. Dig. §§ 1793-1705, 2397, 2400, 2102; Dec. Dig. §§ 450, 599.*]</p> <p>4. Cokpohations (jj 388*) — Estoppel (§ 72*) — Ultra Virus — No Defease to Accommodation Paper Held for Value.</p> <p>A corporation authorized to issue commercial paper, which issues it without consideration to, a second corporation which it authorizes to sell ii and to remit the proceeds, or to su