People ex rel. Muir v. Throop
New York Supreme Court
Motion for a mandamus. The relator, on an affidavit that he was one of the directors of the Cayuga County Bank, and that the cashier of that institution had refused to permit him to inspect and examine he discount hook of the bank, obtained a rule that the cashier submit the book to his inspection, or show cause why a mandamus should not issue. The cashier showed cause; his own affidavit and the affidavits of six of the directors were produced and read.
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Motion for a mandamus. The relator, on an affidavit that he was one of the directors of the Cayuga County Bank, and that the cashier of that institution had refused to permit him to inspect and examine he discount hook of the bank, obtained a rule that the cashier submit the book to his inspection, or show cause why a mandamus should not issue. The cashier showed cause; his own affidavit and the affidavits of six of the directors were produced and read. The following facts appeared: The bank commenced business about the 20th day of August last. The board of directors consists of the number of…
1Opinion of the Court
*185 By the court,
Savage, Ch. J.
It must be conceded that if the relator has a right to the inspection of the books of the bank, a mandamus is the appropriate and the only remedy at law. The cases cited by counsel show that in case of removal or suspension from corporate rights, a mandamus is the proper remedy. N o action at law lies in such a case, under its present circumstances whether an action might not be maintained in case actual individual damage should be the consequence of the conduct of the defendant and his co-diréctors is a question not presented ; and if such an action would lie,…
2Cited by38 opinions
- Matter of SteinwayNew York Court of Appeals · 1899
- Stone v. KelloggIllinois Supreme Court · 1897
- MATTER OF COHEN v. Cocoline Prods.New York Court of Appeals · 1955
- American Railway-Frog Co. v. HavenMassachusetts Supreme Judicial Court · 1869
- Brewer v. WatsonSupreme Court of Alabama · 1882
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