Legal Opinion
Cameron Lumber Co. v. Droney
U.S. Circuit Court for the District of Western New York
Decided August 29, 1904PublishedCited by 2 opinions
On Application to Compel Production and Allow Inspection of Books Before Trial at Law.
1Opinion of the Court
HAZEL, District Judge.
It appears by the moving affidavits that the books and papers in the possession of the defendants show facts which the plaintiff must establish upon the trial to maintain its action. There apparently is no other way in which the plaintiff is enabled to substantiate the allegations of the complaint. Judge Townsend, in Kirkpatrick v. Pope Manufacturing Co. (C. C.) 61 Fed. 46, holds that the rule in such cases is that “a complainant would be entitled to a discovery as to such matters of fact as are material to the prosecution of the whole of his case.” Judge Lacombe, in…
2Cases cited3 opinions
- Victor G. Bloede Co. of Baltimore City v. Joseph Bancroft & Sons Co.U.S. Circuit Court for the District of Delaware · 1899
- Gray v. SchneiderU.S. Circuit Court for the District of Southern New York · 1902
- Kirkpatrick v. Pope Manuf'g Co.District Court, D. Connecticut · 1894
3Cited by2 opinions
- Sugar Beets Product Co. v. Lyons Beet Sugar Refining Co.District Court, W.D. New York · 1908
- Shaefer v. International Power Co.U.S. Circuit Court for the District of Southern New York · 1907