Hub Construction Co. v. New England Breeders' Club
Supreme Court of New Hampshire
Petition, for mandamus. Transferred from tbe April term 5 1907, of tbe superior court by Chamberlin, J. Tbe petition alleges tbat tbe plaintiffs are creditors of tbe Breeders’ Club, having an overdue and unpaid demand against tbat corporation; tbat tbe defendant Hollis is clerk of tbe corporation and bas in bis possession certain records, accounts, and papers of tbe. corporation, wbieb bave relation to tbe plaintiffs’ demand, namely, tbe clerk’s records, the names of…
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Petition, for mandamus. Transferred from tbe April term 5 1907, of tbe superior court by Chamberlin, J. Tbe petition alleges tbat tbe plaintiffs are creditors of tbe Breeders’ Club, having an overdue and unpaid demand against tbat corporation; tbat tbe defendant Hollis is clerk of tbe corporation and bas in bis possession certain records, accounts, and papers of tbe. corporation, wbieb bave relation to tbe plaintiffs’ demand, namely, tbe clerk’s records, the names of associate grantees and their respective dates of election, and the names of stockholders and when each became or ceased to be…
1Opinion of the CourtParsons, C. J.
Mandamus is the appropriate remedy by which to enforce the right of corporate stockholders and members to an inspection of the books and records of the corporation, and of creditors of the corporation in cases where such right is given by statute. 10 Cyc. 961, s. 20b; High Ex. Rem., ss. 308, 312; 2 Spell. Ex. Rel., s. 1610; Queen v. Railway, 3 E. & B. 784. The proceeding is therefore to be considered as an application for such writ, and not as a bill of discovery. This is especially clear in this state, since the original of the statute under consideration was adopted in 1830 (Laws 1830, c.…
2Cases cited3 opinions
- Stone v. KelloggIllinois Supreme Court · 1897
- Johnson v. LangdonCalifornia Supreme Court · 1902
- Ellsworth v. DorwartSupreme Court of Iowa · 1895
3Cited by3 opinions
- Wood, Walker & Co., a Partnership, by John C. Tilney, Individually and as a Partner of Wood, Walker & Co. v. Fred M. EvansCourt of Appeals for the Tenth Circuit · 1972
- Brown v. KildeaWashington Supreme Court · 1910
- Prentiss v. New England Box Co.Supreme Court of New Hampshire · 1910