Winter v. Baldwin
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. Application by petition by J. S. Winter, a stockholder in the First National Bank of Montgomery, for a mandamus against said corporation, and against A. M. Baldwin as its cashier, requiring them to allow the petitioner to inspect and examine the books and records of the bank.
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Appeal from the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. Application by petition by J. S. Winter, a stockholder in the First National Bank of Montgomery, for a mandamus against said corporation, and against A. M. Baldwin as its cashier, requiring them to allow the petitioner to inspect and examine the books and records of the bank. Judge Arrington refused to award a mandamus, holding that national banks are not within the statutory provisions securing to stockholders in a private corporation the right to inspect and examine its books and records. The order refusing…
1Opinion of the CourtSomerville, J.
The statute declares the law of this State to be, that “the stockholders of all private corporations have the right of access to, inspection and examination of the books, records and papers of the corporation, at reasonable and proper times.” — Code, 1886, § 1677. This statute is but a slight modification of the rule of the common law, and its construction is fully discussed in the case of Foster v. White, 86 Ala. 467. We there held, that the purpose of the statute was to secure to the stockholder of every corporation the right generally to examine the books at all reasonable and proper…
2Cases cited7 opinions
- National Bank v. CommonwealthSupreme Court of the United States · 1870
- People v. WeaverSupreme Court of the United States · 1880
- Cooke v. . State National Bank of BostonNew York Court of Appeals · 1873
- Waite v. DowleySupreme Court of the United States · 1877
- People ex rel. Muir v. ThroopNew York Supreme Court · 1834
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3Cited by15 opinions
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- State Ex Rel. G. M. Gustafson Co. v. Crookston Trust Co.Supreme Court of Minnesota · 1946
- Cobb v. Lagarde & SonsSupreme Court of Alabama · 1900
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