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Eilen v. Tappin''s Inc.

Decided: May 24, 1951.

YETTA EILEN, PLAINTIFF-RESPONDENT,
v.
TAPPIN'S, INC., A CORPORATION, ET AL., DEFENDANTS-APPELLANTS



Eastwood, Bigelow and Freund. The opinion of the court was delivered by Freund, J.s.c.

Freund

The plaintiff is a former employee of the corporate defendant, which had agreed to pay her a salary and in addition a sum equal to five per cent. of the company's net profits. The plaintiff's employment terminated on May 12, 1950, and she brought suit for the additional compensation calculated on the net profits. On an application for inspection of the defendant's corporate books and documents, Rule 3:34-1, the order under appeal was entered on notice of motion and oral argument. Its scope is as follows:

"Ordered, that Tappin's, Inc., defendants in this cause, produce and permit plaintiff or her attorneys or agents to inspect and to copy any or all of the following books, papers, documents or excerpts therefrom:

General Ledgers

General Journals

Inventory Records

Sales Books

Cash Books

Records of Account of Yetta Eilen

Stock Transfer Books

Book of Minutes

Financial statements for fiscal or calendar years 1949 and 1950

Federal income tax returns for fiscal or calendar years ...


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