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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 429   View pdf image (33K)
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WILLIAMS VS. THE SAVAGE MANUFACTURING CO. 429
period, shall likewise be brought in, upon the ground, as stated
in the petition filed on the 29th of January last, that the com-
plainant, " though he has been permitted, from time to time,
to examine those books, has been subjected to many annoy-
ances which tend much to thwart his purposes and delay the
cause;" and that with respect to the books, kept at the fac-
tory, he has been prevented from making any examination
whatever.
The order of September last, reserves to the complainant
liberty to apply for further orders, in respect of the books
opened since 1842, if he shall be deterred or impeded in the
exercise of his privilege of examination, or if from other causes
Such application shall be deemed necessary by him. And in
virtue of the liberty so reserved, the present application iS
made. The defendant resists it upon several grounds, and
among others, upon the ground that the complainant " has not
specified in his petition, the books and papers he wants; nor
the evidence that he expects to prove by them."
The petition of the complainant, after complaining that
owing to his exclusion from the rights which pertain to him as
a stockholder, he is unable to designate the books which it ia
necessary for him to inspect, states, " He can only say, that if
kept with any regard to good faith and accuracy, they must
contain evidence pertinent to the issue in this cause." And
this makes it necessary to inquire, whether under the law and
practice of this Court, in reference to this subject, a sufficient
foundation has been laid for an order to compel the defendant
to bring in the books ?
I do not deem it necessary to enter into an examination of
the complainant's right, as a corporator, to inspect the books
of the corporation; nor into the rights of partners, with regard
to the partnership books, because the complainant and defen-
dant are not partners; nor is he here in his capacity as a cor-
porator, asking for a discovery of the general transactions of
the corporation. This suit is brought for no such purpose, its
object being to set aside a particular settlement made between
the parties, and for leave to surcharge and falsify the accounts

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 429   View pdf image (33K)
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