In re Hastings
Appellate Division of the Supreme Court of the State of New York
Appeal by Sinclair Tousey and others, individually and as president, etc., from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on-the 14th day of May, 1907, granting a peremptory writ of mandamus for-the inspection of the books and records of the corporation Frank Tousey, Publisher. . /
1Opinion of the Court
Ingraham, J.:
The right to examine books of a corporation is purely .a personal right depending upon the-ownership of Capital: stock of the corporation. A stockholder as the owner of stock becomes a member of the corporation and it is based upon this fact of ownership in the corporation that his right is recognized at common law tb examine the books of the corporation, and be. informed as to its business. A mere custodian of stock holding it merely for the purposé of preserving it pending a litigation as to its ownership does not becoriie a member of 'the corporation and as such is not…
2Cited by5 opinions
- McCall Co. v. . WrightNew York Court of Appeals · 1910
- In re the Estate of SteinbergNew York Surrogate's Court · 1934
- Cheatham v. Wheeling & L. E. Ry. Co.District Court, S.D. New York · 1930
- State Ex Rel. Moore v. Van Tassell Real Estate & Live Stock Co.Wyoming Supreme Court · 1938
- In re GillNew York Supreme Court · 1948