Legal Opinion

State v. Superior Oil Corp.

Superior Court of Delaware

Decided March 26, 1940No. 136PublishedCited by 14 opinions

1Opinion of the Court

Rodney, J.,

delivering the opinion of the Court:

In Delaware it has been considered that the right of a stockholder to examine the books of the company is a common law right and can only be taken away by statutory enactment. State v. Penn-Beaver Oil Co., 4 W. W. Harr. (34 Del.) 81, 143 A. 257.

It is equally settled that mandamus is an appropriate legal remedy by a stockholder to compel the examination of corporate books. State v. Penn-Beaver Oil Co., supra; Parrish v. Commonwealth Trust Co., 21 Del. Ch. —, 181 A. 658.

While the Writ of Mandamus at common law was designated as a “prerogative”…

2Cases cited14 opinions

  1. In Re the Elections of Directors of George Ringler & Co.New York Court of Appeals · 1912
  2. State ex rel. Bulkley v. Whited & Wheless, Ltd.Supreme Court of Louisiana · 1900
  3. State v. Cities Service CompanySupreme Court of Delaware · 1922
  4. Swift v. State ex rel. RichardsonSupreme Court of Delaware · 1886
  5. State v. Sherman Oil CompanySuperior Court of Delaware · 1922

9 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Rosenthal v. Burry Biscuit Corp.Court of Chancery of Delaware · 1948
  2. Salt Dome Oil Corp. v. SchenckSupreme Court of Delaware · 1945
  3. Rainbow Navigation, Inc. v. Pan Ocean Navigation, Inc.Supreme Court of Delaware · 1987
  4. Perrott v. United States Banking CorporationDistrict Court, D. Delaware · 1944
  5. Lenahan v. National Computer Analysts Corp.Court of Chancery of Delaware · 1973

9 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API