People ex rel. Bartels v. Borgstede
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, John G-. Borgstede, as president, and others, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 9th day of August, 1915, directing that a peremptory writ of mandamus issue requir- . ing defendants forthwith to allow the American Audit Company of New York, through its representatives (the said company having been designated by the relator), to examine and…
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Appeal by the defendants, John G-. Borgstede, as president, and others, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 9th day of August, 1915, directing that a peremptory writ of mandamus issue requir- . ing defendants forthwith to allow the American Audit Company of New York, through its representatives (the said company having been designated by the relator), to examine and inspect, with the right to copy, all the books of account of the Ferncliff Cemetery Association, together with the vouchers…
1Opinion of the Court
Putnam, J.:
Relator, a director of the Ferncliff Cemetery Association, has obtained a writ of peremptory mandamus requiring the president and treasurer of the corporation to exhibit for examination the books of the corporation to the American Audit Com*422pany as relator’s agent. Such a writ does not lie except to carry out a clear right that has been denied. The personal right of a director to inspect and éxamine the corporation books is unquestioned; and because such corporate accounts may be often intricate and complicated, an accountant or an attorney at law may aid the. director in this…
2Cases cited3 opinions
- People ex rel. McInnes v. Columbia Paper Bag Co.Appellate Division of the Supreme Court of the State of New York · 1905
- People ex rel. Clason v. Nassau Ferry Co.New York Supreme Court · 1895
- State ex rel. Martin v. Bienville Oil Works Co.Supreme Court of Louisiana · 1876
3Cited by4 opinions
- State v. Missouri-Kansas Pipe Line Co.Superior Court of Delaware · 1944
- Bero v. Bero Construction Corp.New York Supreme Court · 1962
- Pugach v. KaufmanNew York Supreme Court · 1960
- Wachman v. Artistic Leather Goods Mfg. Corp.Appellate Division of the Supreme Court of the State of New York · 1964