Dreier v. United States, 221 U.S. 394 (1911)

Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 221 U.S. 361, click here.

Dreier v. United States


No. 358, 359


Argued March 2, 3, 1911
Decided May 15, 1911
221 U.S. 394

ERROR TO AND APPEAL FROM THE CIRCUIT COURT OF THE
UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK

Syllabus

Wilson v. United States, ante, p. 361, followed to effect that an officer of a corporation cannot refuse to produce books and papers of the corporation in response to a subpoena duces tecum on the ground that the contents thereof would tend to incriminate him personally.

Quaere whether, if a privilege to refuse to produce documents of a corporation in response to a subpoena duces tecum does exist, the person entitled to claim it may not waive it by his conduct.

The facts, which involve the validity of a subpoena duces tecum issued to the custodian of the books of a corporation, and the right of such custodian to refuse to produce the documents required by such subpoena on the ground that they would incriminate him, are stated in the opinion.