Ridgely v. Richard

Citations

• 130 F. 387
• 1904 U.S. App. LEXIS 4809

Syllabus

<p>1. Actions — Books and Papers — Peoduction—Pleading.</p> <p>Where a complaint failed to charge the falsity of certain statements in a circular, on which it was averred plaintiff relied in making a subscription to the stock of a company organized by defendants, complainant was not entitled to an order compelling defendants to produce certain accounts, nautical charters, and other books before trial, in order to enable plaintiff to prove the falsity of such statements at the trial.</p> <p>2. Same — Reooeds in Possession op Another.</p> <p>Where a complaint alleged that certain nautical charters and contracts had been sold by defendants to a corporation which was not a party to the action, complainant, in the absence of anything tending to indicate that such charters, etc., had not been transferred to the corporation, was not entitled to an order directing defendants to produce the same, together with the stockbook, minute book, and all papers and bank a ¡id check books of the corporation, for plaintiff’s inspection before trial, under Itev. St. § 724 [XL S. Gomp. St. 1901, p. 583], authorizing the court to require the “parties to the action” to produce for inspection books or writings in their possession or power.</p>