Legal Opinion

American Banana Co. v. United Fruit Co.

U.S. Circuit Court for the District of Southern New York

Decided January 28, 1907PublishedCited by 7 opinions

At Law. Motion under section 724, Rev. St. U. S. [U. S. Comp. St. 1901, p. 583], to require the production before trial and deposit with the clerk for defendant’s inspection of a great number of books and papers the property of defendant now in its custody and concerned with details of its business. The action is for treble damages under the Sherman anti-trust act.

1Opinion of the Court

LACOMBE, Circuit Judge.

Originally it was held that the provisions of section 724, Rev. St. [U. S. Comp. St. 1901, p. 583], were directed solely to securing the production of the books and writings upon the trial of the issues. Eater authorities hold that in a proper case production in advance of trial may be required. Bloede Co. v. Bancroft Co. (C. C.) 98 Fed. 175; Gray v. Schneider (C. C.) 119 Fed. 474. Such a direction, however, should only be made when the situation is clearly such that in no other way could the ends of justice he properly subserved. The “trial” of an action at common law…

2Cases cited4 opinions

  1. Boyd v. United StatesSupreme Court of the United States · 1886
  2. Hale v. HenkelSupreme Court of the United States · 1906
  3. Victor G. Bloede Co. of Baltimore City v. Joseph Bancroft & Sons Co.U.S. Circuit Court for the District of Delaware · 1899
  4. Gray v. SchneiderU.S. Circuit Court for the District of Southern New York · 1902

3Cited by7 opinions

  1. Leonia Amusement Corp. v. Loew's Inc.District Court, S.D. New York · 1953
  2. Baush MacH. Tool Co. v. Aluminum Co. of AmericaCourt of Appeals for the Second Circuit · 1933
  3. Banana Distributors, Inc. v. United Fruit Co.District Court, S.D. New York · 1957
  4. Louisiana Farmers' Protective Union, Inc. v. Great Atlantic & Pacific Tea Co. of America, Inc.District Court, E.D. Arkansas · 1941
  5. La Chappelle v. United Shoe Machinery Corp.District Court, D. Massachusetts · 1936

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