Majority
p. 1124CHARLES v. MANHATTAN TELEGRAPH CO. (Supreme Court, Appellate Division, First Department. November 6, 1908.)
Headnote
Appeal from Trial Term, New York County. Action by Adelaide Charles, as administratrix of William F. Coffee, against the Manhattan Telegraph Company. From an order granting an inspection of books and papers, defendant appeals. Modified and affirmed.Darius E. Peck, for appellant.
Henry C. Hunter, for respondent.
The plaintiff is entitled to an inspection of the books of the defendant. The order, however, is too broad as to what may be inspected and the period covered. The order should be modified, by striking out the provision for examination of all books and papers, except “stock certificate books,. stock transfer book, dividend books, and stock certificate stubs.” As to these books and papers, covering the period from December 1, 1870, to June 1, 1887, the plaintiff should be permitted an inspection according to the terms of the order appealed from. The order should be modified in conformity with this memorandum, and, as so modified, affirmed, without costs of this appeal to either party.