The English Reports Volume 4; V. 157

The English Reports Volume 4; V. 157

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1916 edition. Excerpt: ...admissions. The argument on the other side amounts to this: that in every action for a breach of contract in not accepting goods, the defendant has a right to inspect all the correspondence in the plaintiff's possession up to the time when the order for inspection is granted. But it does not follow, because a defendant has a right to the production of documents at the trial, that therefore he is entitled to an inspection of them. In the former case the documents would be open to explanation, but upon inspection the defendants might select those only which benefit themselves and reject the others. In a Court of equity the plaintiffs would have an opportunity of putting in an answer, so that the production would be accompanied with an explanation of all the circumstances: The Princess of Wales v. Tlie Earl of Liverpool (1 Swanst. 123). A Court of law will not, by compulsory production, deprive the plaintiffs of that protection which the practice in equity affords. It is a safe rule, of general application, not to 876 compel a party to disclose correspondence which took place after the alleged breach of contract If a bill in equity charges fraud generally, and alleges that the defendant has in his possession documents, papers and letters which, if produced, would shew the imputed fraud, the defendant has an opportunity by his answer of denying the fraud; and if he does so unequivocally the Court will not in general compel him to produce the documents because a bill so framed is purely a fishing bill: Wigram on Discovery, p. 234, 2nd ed. The doctrine that a party is not upon a mere allegation of fraud entitled to the production of documents was recognised by Lord Langdale M R in Bassford v. Blaheshy (6 Beav. 131). The power of a Court of...
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Product details

  • Paperback | 1094 pages
  • 189 x 246 x 54mm | 1,910g
  • United States
  • English
  • black & white illustrations
  • 1236819454
  • 9781236819451