Sudderth v. . Simpson

29 S.E.2d 550, 224 N.C. 181, 1944 N.C. LEXIS 325

• Court: Supreme Court of North Carolina
• Decided: March 29, 1944
• Status: Published

Opinion

Stacy, C. J.

Tbe question for determination is tbe sufficiency of tbe affidavit to support tbe order of examination.

It is conceded that as a condition precedent to an order for examination under G-. S., 1-569-510, tbe verified application should disclose: (1) Tbe nature of tbe cause of action; (2) that tbe information sought is material and necessary, and not otherwise accessible to tbe applicant; and (3) that tbe application is meritorious and made in good faith. Washington v. Bus, Inc., 219 N. C., 856, 15 S. E. (2d), 372; Knight v. Little, 217 N. C., 681, 9 S. E. (2d), 377.

Here, it appears from tbe facts sets out in tbe affidavit, that plaintiffs are entitled to an accounting of trust funds; that tbe information sought is essential and not otherwise accessible, and that tbe application is meri; torious and made in good faith. This would seem to meet tbe requirements of tbe statute. Smith v. Wooding, 177 N. C., 546, 94 S. E., 404.

Moreover, it would seem that no barm could come to tbe defendants in requiring them to disclose matters in connection with their trusteeship. This circumstance distinguishes the present case from those cited and relied upon by defendants.

The appeal will be dismissed on authority of Abbitt v. Gregory, 196 N. C., 9, 144 S. E., 297; Monroe v. Holder, 182 N. C., 79, 108 S. E., 359; Ward v. Martin, 175 N. C., 287, 95 S. E., 621.

Appeal dismissed.