Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1886-06-17
THR DT4MOND MA OH CASE.


In the case Of William II. Swift, president
of the Diamond Match Company, platntin
in error, Va. the State of Delaware ex rela-
tione David NJ, Richardson, defendant In
error, Chancellor salisbury rendered the
opinton of tho court of errors and appeals,
MI Dover, Tuesday, sustaining the ruling
of the court below and declaring the petit
tioners below entitled to the mandnmus
nrayed for. Judge Houston eOnenrred.
This was the first ease in which Judge
Grub sat. Judge Grubb did not concur
with the majority OF the court, but
stated that he had not examined the mat
ter fully enough to reach definite
conclusion, and that, II upon further OK
animation, no deemed II advisable, he
would prepare an opinion and hand 1t 10
Judge Houston, as court reporter.
This case was an important one and On
titled to a place among lending cases he
cause there are no presidents directly In
Doint. 1t involves questions as TO the Up
plieation of n writ of mandamus to compel
inspection and making copies OF corporate
pupers and also the right of this State to
issue n mandamus for any purpose against
mn officer of.a foreign corporation, tho Dia-
mond Match Company being q company
| organized under the laws of Connecticut,
| tmnsacting business and owning property
| IT. Delaware.
The history Of the cnse Is briefly as fol-
lows: David NJ. Richardson, of Detroit,
| Mich, u large stakeholder in the Diamond
| Match Company, some years ago entered
/ into contract with Messrs. DUH and Alger
| the latter of whom Is now Governor ol
| Michigan, by which they were 70 endorse
/ certain paper for Richardson and to become
snreiy for him to tho government OF
his bond for match stamps. Richard
son thereupon transferred to Duh
and Alger, ms collateral security, larg'
block OF Diamond Match stock, amounting
to about $250,000 or T3OO,O they to re
cclve il certain proportion of tho net earn
ings of snid stock during 1882. All thu
liabilities which they thus assumed have, l
Is claimed, since been discharged and the.
have received some 100000 or $4,000 70
their services. DUH and Alcer claim tina
there Is u large amount yet duo to them on
of these net earnings; Richardson claim
that they have already received too much
the amount In dispute being about $4,000
The balance OF the nmount claimed b
Dull and Alger out OF thr1e net earning
not being paid and Richardson DENYING hi
liability therefor, they advertised for sal
the stock held by them as collateral; where
| upon Richardson instituted snit In Detro
and obtained II preliminary injunction.
then became necessary to have access
! certain books and papers kept In Whining
ton by Mr.. Swift, as President of the CON
/ pany. Richardson applied to Preside1
| | Swift for leave to examine such books an
! papers and take copies. Mr. Swift Above
: him to examine them but, by ordt
Of the directors, refused to allow him
| make amy copies of them, without whiC
! the inspection would have been valuele
/. ms the copies were needed for evidene
Thereupon Richardson apIaied to the 81
@ perior court of this eount6 for writ
mandamus, and the application was argue
> by Messls. Spruance and e. G. Bradford
this city, and Judge Lothrop, now Unit
8 States minister to Russia, for the pei
l TONERS, and by Senator Gray and Benjam
+, Nields, Esqs., for the defendants.
The superior court awarded the writ, I
p curing Mr.. Swift to allow the inspeetit
a and the making OF copies asked for; up
which Judgment writ of error was tax
; to the court of errors and appeals and the
argued all OF last week by the same couns
= with the exception that Mr.. Lillibridge
J. the Michigan bar, took the place of Jud
y Lothrop-