Holt v. Southern Finishing & Warehouse Co.
Supreme Court of North Carolina
Petition of the defendant for a writ of Gertiorari, an appeal having been refused. The plaintiff, a stockholder in defendant company, for himself and all other stockholders, brings this action against the defendant and files affidavit, dated April 13, 1895, as follows: “1. That he has begun a civil action in the Superior Court of Alamance County, in which the pleadings have not yet been filed.
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Petition of the defendant for a writ of Gertiorari, an appeal having been refused. The plaintiff, a stockholder in defendant company, for himself and all other stockholders, brings this action against the defendant and files affidavit, dated April 13, 1895, as follows: “1. That he has begun a civil action in the Superior Court of Alamance County, in which the pleadings have not yet been filed. “A That Neil Ellington, E. T. Garset and J. W. Lindan are stockholders in defendant company and directors in the same, and that as such are parties to this action, or persons for whose benefit the…
1Opinion of the Court
MONTGOMERY, J.:
This is an application for a writ of certiorari as a substitute for an appeal, alleged to have been denied to the defendant by the Judge below. The record presents a most unusual condition of affairs. Five members constitute the board of directors of the defendant compány, of which number the defendant Cone, his brother and his brother-in-law constitute a majority. The plaintiff, one of the largest stockholders in the company, is denied the right to inspect the books of the company, and that too after he has made known to the directors his belief that the books contain evidence…
2Cases cited3 opinions
- Helms v. . GreenSupreme Court of North Carolina · 1890
- Vann v. . LawrenceSupreme Court of North Carolina · 1892
- Bradley Fertilizer Co. v. TaylorSupreme Court of North Carolina · 1893
3Cited by17 opinions
- Allred v. GravesSupreme Court of North Carolina · 1964
- Bohannon v. Wachovia Bank & Trust Co.Supreme Court of North Carolina · 1936
- Chesson v. Washington County BankSupreme Court of North Carolina · 1925
- Pender v. . MallettSupreme Court of North Carolina · 1898
- Ward v. . MartinSupreme Court of North Carolina · 1918
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