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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 428   View pdf image (33K)
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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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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 428   View pdf image (33K)
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