Legal Opinion

State ex rel. O'Hara v. National Biscuit Co.

Supreme Court of New Jersey

Decided February 24, 1903PublishedCited by 14 opinions

On rule to show cause why a mandamus should not issue to compel the defendant corpbration and its registered agent in this state to permit the relator to examine its stock and transfer-books during ordinary business hours. The testimony established the following facts: The relator was, on October 11th, 1892, the registered owner of five shares of the common stock of the defendant corporation.

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On rule to show cause why a mandamus should not issue to compel the defendant corpbration and its registered agent in this state to permit the relator to examine its stock and transfer-books during ordinary business hours. The testimony established the following facts: The relator was, on October 11th, 1892, the registered owner of five shares of the common stock of the defendant corporation. Oar that day, during ordinary- business hours, he applied to James B. Vredenburgh, Esquire, the registered agent of the said corporation, to be allowed to examine the stock and transfer-books of the said…

1Opinion of the Court

The opinion of the court was delivered by

Garrison, J.

This application involves the question whether the qualified right of a stockholder to inspect the books of his corporation, as that right existed at common law, has, with respect to stock and transfer-books, been transformed into an unqualified right by force of the thirty-third section of the Corporation act of this state. Pamph. L. 1898, p. 409. At common law such restrictions as were imposed upon this right, whether as to mode of procedure or matter of substance, were judicial regulations incident to the exercise of a discretionary…

2Cases cited2 opinions

  1. Bruning v. Hoboken Printing & Publishing Co.Supreme Court of New Jersey · 1902
  2. State ex rel. Hoos v. O'DonnellSupreme Court of New Jersey · 1897

3Cited by14 opinions

  1. State Ex Rel. Costelo v. Middlesex Banking Co.Supreme Court of Connecticut · 1913
  2. State v. Cities Service CompanySupreme Court of Delaware · 1922
  3. State ex rel. McClure v. Malleable Iron Range Co.Wisconsin Supreme Court · 1922
  4. American Mortgage Co. v. RosenbaumOhio Supreme Court · 1926
  5. Koplin v. Village of South OrangeSupreme Court of New Jersey · 1928

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