Kelly & Frazier v. Eckford
New York Court of Chancery
This was an appeal, by the complainants, from an interlocutory order of the vice chancellor of the first circuit, directing them to deposit certain partnership books and papers with a master, for the inspection of the defendants, before answer. The hill was filed by the complainants, as the assignees of J. Beacham, for an account and settlement of a partnership transaction between Beacham and H. Eckford, the defendants11 .testator.
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This was an appeal, by the complainants, from an interlocutory order of the vice chancellor of the first circuit, directing them to deposit certain partnership books and papers with a master, for the inspection of the defendants, before answer. The hill was filed by the complainants, as the assignees of J. Beacham, for an account and settlement of a partnership transaction between Beacham and H. Eckford, the defendants11 .testator. The petititipn, upon which the order of the vice chancellor was founded, stated that an inspection of the partnership books and papers, in the hands or under the…
1Opinion of the Court
The Chancellor.
In ordinary cases the defendant is not entitled, by motion, to call upon the complainant for the production of his books, or other documentary evidence in his possession, before answer, to enable such defendant to make his . defence. The case of The Princess of Wales v. The Earl of Liverpool, (1 Sawns. Rep. 114, 2 Wils. Ch. Rep. 29, S. C.,) in which such an order was made by Lord Eldon, and where he subsequently dismissed the bill because the note stated in such bill was not produced, has always been considered as a political decision. The decision of Jones v. Lewis, (2 Sim. &…
2Cited by16 opinions
- Alabama Girls' Industrial School v. ReynoldsSupreme Court of Alabama · 1904
- Ex parte BakerSupreme Court of Alabama · 1897
- Murphy v. KeenanNew York Supreme Court · 1917
- Sanderson v. CookeNew York Court of Appeals · 1931
- Berry v. MathewesSupreme Court of Georgia · 1849
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