Ruberry v. Binns
The Superior Court of New York City
The plaintiff herein having commenced this action by service of the summons, applied by motion to compel the defendants to produce their books of account and submit them to the plaintiff for his inspection, or to furnish the plaintiff sworn copies of so much and such parts of their books as contained any memorandum or entry relating to goods consigned to them, as the factors and agents of the plaintiff, for sale; and the ground on which the discovery was sought was, that the…
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The plaintiff herein having commenced this action by service of the summons, applied by motion to compel the defendants to produce their books of account and submit them to the plaintiff for his inspection, or to furnish the plaintiff sworn copies of so much and such parts of their books as contained any memorandum or entry relating to goods consigned to them, as the factors and agents of the plaintiff, for sale; and the ground on which the discovery was sought was, that the defendants were such agents and factors, that the action was brought to recover from them the property and proceeds of…
1Opinion of the CourtWoodruff, J.
As the agents or factors of the plaintiff, the defendants are bound to render accounts of goods sold and moneys collected, and the right of the plaintiff to have such an *686account, upon the facts stated in the affidavits on both sides, admits of no controversy; and it is reasonable that the plaintiff should" have the information which such an account would furnish, before he is compelled to frame his complaint.
But there is no necessity that he should be permitted to examine the defendants’ books at large. He can frame his complaint without any such aid.
He presumptively knows what goods the…
2Cited by1 opinion
- People ex rel. Cummer v. Judge of the Circuit CourtMichigan Supreme Court · 1878