Legal Opinion

Neubert v. Armstrong Water Co.

Supreme Court of Pennsylvania

Decided April 24, 1905No. Appeal, No. 8PublishedCited by 16 opinions

Appeal, No. 8, Oct. T., 1905, by defendants, from judgment of C. P. Armstrong Co., Sept. T., 1903, No. 33, on verdict for plaintiffs in case of Valentine Neubert et al., Executors of G. C. Orr, deceased, v. Armstrong Water Company et al. Petition for mandamus. Before Reed, P. J. Tbe facts are stated in the opinion of the Supreme Court.

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Appeal, No. 8, Oct. T., 1905, by defendants, from judgment of C. P. Armstrong Co., Sept. T., 1903, No. 33, on verdict for plaintiffs in case of Valentine Neubert et al., Executors of G. C. Orr, deceased, v. Armstrong Water Company et al. Petition for mandamus. Before Reed, P. J. Tbe facts are stated in the opinion of the Supreme Court. The court charged in part as follows : [Therefore, if you are convinced upon the whole evidence that the plaintiffs were approached by the defendants for the purpose of buying their stock, and the plaintiffs informed the defendants that they would not sell…

1Opinion of the Court

Opinion by

Mb. Justice Elkin,

Three questions arise in the consideration of this appeal: First, did the appellees in good faith desire an inspection of the books of the defendant corporation for a definite and proper purpose pertaining to the corporate business and affecting their rights as stockholders; second, did they make a proper legal demand on the officers for an inspection of the books and papers before instituting the mandamus proceedings, and was the demand-refused; third, did the court have jurisdiction to entertain the petition and issue the writ ?

The petition averred, inter alia,…

2Cases cited7 opinions

  1. Whitmore v. Dwelling House Ins.Supreme Court of Pennsylvania · 1892
  2. Jensen v. McCorkellSupreme Court of Pennsylvania · 1898
  3. Commonwealth ex rel. Sellers v. Phœnix Iron Co.Supreme Court of Pennsylvania · 1884
  4. Loraine v. Pittsburg, Johnstown, Ebensburg & Eastern RailroadSupreme Court of Pennsylvania · 1903
  5. Phœnix Iron Co. v. Commonwealth ex rel. SellersSupreme Court of Pennsylvania · 1886

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3Cited by16 opinions

  1. Pressman v. ElginCourt of Appeals of Maryland · 1947
  2. Harrison v. WelshSupreme Court of Pennsylvania · 1929
  3. Williamsport v. Citizens' Water & Gas Co.Supreme Court of Pennsylvania · 1911
  4. Beeman v. Supreme LodgeSupreme Court of Pennsylvania · 1906
  5. Larocque v. Rhode Island Joint Reinsurance Ass'nSupreme Court of Rhode Island · 1988

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