Cheatham Electric Switching Device v. American Automatic Switch Co.

S.D. New York

Cheatham Electric Switching Device v. American Automatic Switch Co.

198 F. 496, 1912 U.S. Dist. LEXIS 1329

CourtDistrict Court, S.D. New York

DecidedMay 13, 1912

StatusPublished

Cited by2 cases

This text of 198 F. 496 (Cheatham Electric Switching Device v. American Automatic Switch Co.) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cheatham Electric Switching Device v. American Automatic Switch Co., 198 F. 496, 1912 U.S. Dist. LEXIS 1329 (S.D.N.Y. 1912).

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Opinion

WARD, Circuit Judge.

This is a petition in an action at law upon letters patent of the United States, asking the court to require the defendant to permit the plaintiff to examine its books before trial, under section 724, Q. S. Rev. Stat. (U. S. Comp, St. 1901, p. 583). The Supreme Court has in the case of Carpenter v. Winn, 221 U. S. 533, 31 Sup. Ct. 683, 55 L. Ed. 842, finally determined that the courts can only compel the production of books and papers under section 724 in an action at law at the trial and not before. This leaves the plaintiff a bill of discovery as his only remedy. The more liberal state legislation and practice cannot be followed under sections 721 and 914, Rev. Stat. U. S. (U. S. Comp. St. 1901, pp. 581, 684), because they are inconsistent with section 724 as construed by the Supreme Court. Ex parte Fiske, 113 U. S. 713, 5 Sup. Ct. 724, 28 F. Ed. 1117.

The prayer of the petition is denied.

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WARD, Circuit Judge.

This is a petition in an action at law upon letters patent of the United States, asking the court to require the defendant to permit the plaintiff to examine its books before trial, under section 724, Q. S. Rev. Stat. (U. S. Comp, St. 1901, p. 583). The Supreme Court has in the case of Carpenter v. Winn, 221 U. S. 533, 31 Sup. Ct. 683, 55 L. Ed. 842, finally determined that the courts can only compel the production of books and papers under section 724 in an action at law at the trial and not before. This leaves the plaintiff a bill of discovery as his only remedy. The more liberal state legislation and practice cannot be followed under sections 721 and 914, Rev. Stat. U. S. (U. S. Comp. St. 1901, pp. 581, 684), because they are inconsistent with section 724 as construed by the Supreme Court. Ex parte Fiske, 113 U. S. 713, 5 Sup. Ct. 724, 28 F. Ed. 1117.

The prayer of the petition is denied.

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Bluebook (online)

198 F. 496, 1912 U.S. Dist. LEXIS 1329, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cheatham-electric-switching-device-v-american-automatic-switch-co-nysd-1912.

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