State ex rel. Wilson v. St. Louis & San Francisco Railway Co.
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Hon. James A. Seddon, Judge. A writ of mandamus will not issue merely to permit a stockholder to gratify an idle curiosity in the examination of corporate records, but the stockholder must allege and prove that he has some specific interest at stake rendering the inspection necessary, or some beneficial purpose for which the examination is desired. High on Ex.
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Appeal from the St. Louis Circuit Court, Hon. James A. Seddon, Judge. A writ of mandamus will not issue merely to permit a stockholder to gratify an idle curiosity in the examination of corporate records, but the stockholder must allege and prove that he has some specific interest at stake rendering the inspection necessary, or some beneficial purpose for which the examination is desired. High on Ex. Rem., sec. 310, p. 240 ; People v. Walker, 9 Mich. 329; Hatch v. City, 1 Rob. (La.) 470 y King.v. Merchant Tailors'1 Co., 2 Barn. & Aid. 115; People v. Ben. Ass’n, 98 111. 635 ; Slate ex rel. v.…
1Opinion of the CourtThompson, J.
This was a proceeding by mandamus brought by a stockholder of the defendant corporation, to compel the defendant to allow the relator to inspect the books of the corporation which contain the registers and transfers of its stock and the names of its stockholders. The alternative writ was served by the sheriff upon John O’Day, the second vice-president of the defendant corporation.
I. A motion to quash the service of the writ was filed by the respondent, setting up that Mr. O’Day was not its chief executive officer; had no power to control its stock-books or to perform the acts required by the…
2Cited by6 opinions
- Stone v. KelloggIllinois Supreme Court · 1897
- Johnson v. LangdonCalifornia Supreme Court · 1902
- Kimball v. DernUtah Supreme Court · 1911
- State ex rel. Doyle v. LaughlinMissouri Court of Appeals · 1893
- State Ex Rel. Moore v. State Bank of HallsvilleMissouri Court of Appeals · 1978
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