Grace v. Procter & Gamble Co.

• Decision Date: 02 March 1948
• Docket Number: No. 3709.,3709.
• Parties: GRACE et al. v. PROCTER & GAMBLE CO. et al.
• Court: New Hampshire Supreme Court

57 A.2d 619

GRACE et al.

v.PROCTER & GAMBLE CO. et al.

No. 3709.

Supreme Court of New Hampshire.

March 2, 1948.

COPYRIGHT MATERIAL OMITTED.

Transferred from Superior Court, Hillsborough County; Goodnow, Judge.

Actions on the case by Mabel Grace and her husband, Philip Grace, against the Procter & Gamble Company and the Procter & Gamble Distributing Company, as trustee, for personal injuries to plaintiff wife and plaintiff husband's resulting medical expenses and loss of consortium. Law questions raised by defendant trustee's exceptions to an order to produce its records, accounts, books and other documents for examination by plaintiff reserved for and transferred to the Supreme Court.

Case discharged.

‘Actions on the case for personal injuries by Mabel Grace and for medical expenses and loss of consortium by Philip Grace against the Procter & Gamble Company, a foreign corporation with a principal place of business in Cincinnati, County of Hamilton and State of Ohio. The Procter & Gamble Distributing Company, also a foreign corporation, was summoned in both actions as trustee.

‘No service was made on the defendant in either case. The Procter & Gamble Distributing Company, Trustee, was served by giving in hand to D. C. Graham, representative, a true and attested copy of the writ against the Procter & Gamble Company.

‘Subsequently, on September 26, 1946, D. C. Graham as agent for the Procter & Gamble Distributing Company, was subpoenaed to appear before a Justice of the Peace to testify regarding the disclosure of the Procter & Gamble Distributing Company as trustee in two actions to be heard and tried between Mabel and Philip Grace and the Procter & Gamble Company. The order required him to bring with him and produce all records, accounts, books and other documents of the Procter & Gamble Distributing Company which would in any way show or relate to any goods, money or chattels in the hands and possession of the Procter & Gamble Distributing Company on August 26, 1946, and since that time which were or might be due and owing from the Procter & Gamble Distributing Company to the Procter & Gamble Company.

‘On October 18, 1946, the defendant, Procter & Gamble Company, moved that the actions against it be dismissed for want of jurisdiction. On the same date, the Procter & Gamble Distributing Company, Trustee, moved that it be discharged as Trustee in the action brought by Philip and Mabel Grace against the Procter & Gamble Company inasmuch as it does not have any money, goods or chattels of the defendant in its hands or possession in the State of New Hampshire, or any rights or credits of the defendant by reason of contracts made or performed within the State.

‘On November 1, 1946, the deposition of D. C. Graham was taken, at which time it was ascertained that he had no knowledge as to whether the Procter & Gamble Distributing Company had any money, goods etc., of the Procter & Gamble Company in its hands and possession. It was also ascertained that he had no records which would disclose such information.

‘Thereafter the plaintiffs in both actions brought a petition asking that Graham as agent for the Trustee and the Trustee be ordered to produce the records, accounts, books, etc., in order that a proper inquiry might be made into the question of the chargeability of the Trustee.

‘On June 20, 1947, the Court ordered that D. C. Graham as agent for the Trustee and the Trustee corporation be ordered to produce the records, accounts, books and other documents as called for in the subpoena on or before August 1, 1947, for the examination of the plaintiffs for the purpose of determination of the chargeability of the Trustee. To this order the defendant, Procter & Gamble Distributing Company, Trustee, excepted.

‘All questions of law raised thereby are reserved and transferred’ by Goodnow, C. J. Sullivan, Dolan & Wynot, of Manchester (Edward D. Wynot, of Manchester, orally),...