Reports of Patent Design and Trade Mark Cases
Vol. I.X., No. 41.] AND TRADE MARK OASES. 459 The J. lIaxim-Nordenjelt Guns and Ammunition Co., Ld., v. Nordenfelt, "last mentioned documents, other than the said petty cash book, have been " from time to time, but the dates when I am unable to state, handed back by " me, or by my direction, to such of the representatives of Foreign Governments, "the Societe Cockerill, French and other manufacturers from whom or on 5 "whose behalf I had respectively received the same, as well as to the Societe
... as to the Societe " Nordenfelt and others in whose possession or power I believe they now are." And then he says that he believes that they were confidential. Now, this application is confined to the documents that have got into the possession of the Societe Nordenfeli, and counsel for the Plaintiffs did not carry 10 .the application further. With respect to those it has been suggested that the Defendant, as Gerant of that Societe, is bound to produce the documents they have, and 10 make an affidavit in respect to them. That is not the contention at all. That is not the way it is put, and I do not see how, if It had been put ill that way, I could have made an order such as the Plaintiffs ask. What is 15 asked for is this, that the Defendant should state what the documents are relevant to the matter that he had in his custody, and which he handed over to that Societe. He is not asked to do so because he is Gerant of that Societe now, but because those documents were his before he parted with them; and that is the ground upon which it is for him to make a further affidavit with reference 20 to that. I think he is bound to do it, and I must make an order for a further affidavit as to those documents, also limited to those handed to the Societe Nordenfelt. . Beaurnont.-I should be glad to know this with regard to the Societe Nordenfelt. It may very well be that the Defendant has handed over a large 25 bundle of documents to the Societe. Is he to refresh his memory by reference to the documents? NORTH, J.-He must make the affidavit as well as he can. Cozens-Hardy, Q.C.-The order in chambers was never drawn up, but your Lordship might discharge it. 30 NORTH, J.-If I were now to discharge the order made in chambers it would be necessary to draw up that order and enter it as read; and, therefore, I propose that the order in chambers shall not be drawn up at all, and this will be a substantive order-not discharging the order I made in chambers, but to the effect I mentioned-requiring a further affidavit.