White v. Munroe
New York Supreme Court
THIS action was brought to recover certain sums of money, for alleged overcharges, made by the defendants as the agents in Paris of the plaintiffs, in purchasing the article known as blue Guimet, from 1846 to September 1, 1851. Such overcharges were in the prices, and in the cases and packing. The plaintiffs, at the time of said transaction, resided and still reside in the city of New York. And the defendants, at the same time, resided and still reside in France.
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THIS action was brought to recover certain sums of money, for alleged overcharges, made by the defendants as the agents in Paris of the plaintiffs, in purchasing the article known as blue Guimet, from 1846 to September 1, 1851. Such overcharges were in the prices, and in the cases and packing. The plaintiffs, at the time of said transaction, resided and still reside in the city of New York. And the defendants, at the same time, resided and still reside in France. The defendants, by their answer, admitted that the Guimet was not furnished to the plaintiffs at the prices paid for it by the…
1Opinion of the Court
By the Court,
Clerks, P. J.
I doubt, very much, whether this is an appealable order. If it is made pursuant to § 388 of the code it clearly is not. The very language of the section says the court “may in their discretion” order either party “to give to the other an inspection or copy, &c. of any books, papers and documents," &c.
The section of the revised statutes (§ 30, 2 R. S. 199, marginal) relating to this subject says: “The court shall have power in such cases, as may be deemed proper, to compel any party to a suit pending therein, to Produce and discover books, papers and documents, in his…
2Cited by17 opinions
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- Continental Oil Co. v. Osage Oil & Refining Co.Court of Appeals for the Tenth Circuit · 1934
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