Carpenter v. Benson
New York Court of Chancery
The bill was filed for the specific performance of a contract for the sale of lands. The contract was set forth in the bill, and the answer of the defendant on oath was waived. The answer stated the possession of a contract by the defendant, and it referred to certain deeds of the complainant’s, which it was claimed had been furnished to the defendant for examination. It was not denied that the deeds belonged to the complainant.
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The bill was filed for the specific performance of a contract for the sale of lands. The contract was set forth in the bill, and the answer of the defendant on oath was waived. The answer stated the possession of a contract by the defendant, and it referred to certain deeds of the complainant’s, which it was claimed had been furnished to the defendant for examination. It was not denied that the deeds belonged to the complainant. The complainant on the bill and on affidavit, now moved that the defendant produce and deliver to him, the contract and deeds. referred to 3 Daniell’s Ch. R. ch. 51,…
1Opinion of the Court
The Vice-Chancellor.
The production of documents by the defendant, on motion, for the purpose of aiding the complainant in sustaining his suit, is in the nature of an exception to the defendant’s answer. It rests upon the principle that the complainant in equity, has a right to examine his adversary on oath as to the material facts constituting his case made by his bill; and the motion for the production of documents, coming within that description which the defendant admits to be in his possession, is a substitute for the statement o"f such documents at large in the answer. (Wigram’s Points…
2Cases cited1 opinion
- Burras v. LookerNew York Court of Chancery · 1833