MANLEY v. BONNEL

MANLEY v. BONNEL. N. Y. Superior Court; Special Term, June, 1882. Discovery and Inspection of Books and Vouchers of Agent, in Action by Principal. In an action by a principal against his agent, for an accounting, an inspection with copy of the books and vouchers of the agent may be ordered, to enable the plaintiff to frame his complaint. Order for inspection with copy of certain books, papers and vouchers in the custody or under the control of defendant, or to show cause why an order therefor should not be granted. ■ This action was brought by plaintiff, the owner of certain real estate in the State of New Jersey, against defendant, who had been her agent in respect thereto, for an accounting. Plaintiff’s petition stated that “It is material and necessary . . . that I should have an inspection of certain leases, books and papers in the possession or under the control of the defendant, in order to frame the complaint in this action.” The necessity and materiality were set forth in accompanying affidavits. An order for inspection, with copy, of certain specified books and papers, was prayed for. Stickney & Shepard, for plaintiff and motion. Alfred J. Taylor, for defendant, opposed. [MAJORITY — Russell, J.] Russell, J. The right of a principal to a discovery of books and vouchers of his agent, seems to rest on different and stronger grounds than the right of a party to the inspection of the books of an adversary (Story Eq. Jur. § 462; Perry on Trusts, § 882; Freeman v. Fairler, 3 Meriv. 28; Lewin on Trusts, 51; 1 Jacob Ch. 108; Livingston v. Curtis, 12 Hun, 121). He is only seeking the aid of the court to secure and enforce an ordinary right. The right exists without an order of the court. The plaintiff’s motion is granted, with $10 costs to abide the event.