Hertz v. Record Publishing Co.

Laub, J.,

An ostensible conflict between several provisions of the Rules of Civil Procedure has given rise to the presently considered problem. The action is in mandamus and plaintiff, a *592stockholder in the Record Publishing Company, is seeking court aid to compel inspection of the company’s books.

Preliminary objections to the complaint were filed and disposed of. Defendants then filed an answer in which plaintiff’s status as a stockholder was questioned and his motives for bringing the action impugned. Specifically, defendants in their answer aver that plaintiff is not the actual and true…