Carthage Paper Makers, Inc. v. Mutual Box Board Co.

The petitioners, as owners of 1,373 shares of the stock of the respondent corporation, brought this proceeding under article 78 of the Civil Practice Act for an order permitting them to examine the books and records of the company and to make copies thereof. The petitioners alleged mismanagement and brought forth facts in support thereof. We think that this petition on its face was sufficient to entitle the petitioners to the right of examination. The respondent’s answer made denials of allegations in the petition and set up as affirmative defenses (1) that the demand of petitioners was not…