Volume 200, Volume 3, Page 428 View pdf image (33K) |
428 HIGH COURT OF CHANCERY. for examining them at the factory. And though the agents of defendant had several times promised that said books should l-e laid before him, they had delayed to fulfil the same, and now require him to indicate the entries which he Would exa- mine, and the purposes to which he would apply his examina- tion when made. That he has been so effectually excluded from the exercise of his ordinary rights as a stockholder, that he is unable to designate the books which it is necessary for him to inspect. He can only say, that if kept with any regard to good faith and accuracy, they must contain evidence perti- nent to the issues in this cause, and his confidence that they do contain such evidence is increased by the anxiety evinced by the agents of defendant to exclude him from an examina- tion thereof. That he does not believe that any inconvenience Can result to defendant by the production of these books for the purpose of such examination, and he therefore prays that defendant be required forthwith to bring into Court all said excepted books, both those kept at the factory and by the town agent, also the book or books containing a list or an account of the bills and notes issued by or for said Company, and also the book or record of the proceedings of the Company. Upon this petition, the Chancellor, on the same day (29th of January, 1852), passed an order, setting it down for hear- ing upon notice to defendant; and upon the hearing thereof, on the 17th of February, 1852, delivered the following opinion.] THE CHANCELLOR : The present application, which is brought before the Court upon the order of the 29th of January last, and upon which counsel have been heard, is not to enforce obedience to the Order of the 6th of September, 1851, passed by consent of parties, and, therefore, I am not called upon to pronounce an opinion upon the scope and true intent and meaning of the last-mentioned order. It is understood, that the books of account, prior to the year, 1842, which alone were directed to be brought into Court, have been so brought in; and the ap- plication now is, that those opened or commenced since that |
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Volume 200, Volume 3, Page 428 View pdf image (33K) |
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