To William Martin1Jump to section
Dear Sir: Feb: 24. 1851
Your letter of the 21st. is received. I have examined the cases refered to by you, in 21st. Wend: 5 Ala. 3 Do. & 5 B. Monroe; and I fear to rely on them to sustain us in our question. We have sued for payments which we say the Directors have required. We must prove that the Directors did require them. Our exact question is ``Can we prove this without producing the books containing the orders requiring the payments?'' This question seems to me not [to] have been decided in any of the cases refered to. In the case in Wendell ``The plaintiffs proved calls for payments &c.'' p. 297. This was probably done by the production of the books. The only question then was whether the defendant had been sufficiently notified of the plan of making payment. The Alabama cases, though excellent on other points, do not seem to me to approach our question. In the Kentucky case, the Court themselves say, ``and the only objection made to it'' (the declaration) ``being that it does not show a sufficient notice or publication of the calls made by the board of directors or managers, upon the subscribers for stock, we