In re Reiss
New York Supreme Court
Application by Bert Reiss for a peremptory writ of mandamus to compel the American Spirits Manufacturing Company, a private corporation, to allow the petitioner, who claimed to be a stockholder, to examine the company’s books.
1Opinion of the CourtGaynor, J.
The respondent’s denials and allegations on information and belief raise no issue. Statements or denials on information and belief, or which are unspecific and indefinite, are worthless in mandamus proceedings. In re Freel (Sup.) 38 N. Y. Supp. 143; In re Guess, 16 Misc. Rep. 306, 38 N. Y. Supp. 91; People v. Coler, 34 App. Div. 167, 54 N. Y. Supp. 639. Nor does the argument against the good faith of the petitioner, nor in respect of the inconvenience of allowing stockholders to examine the books of corporations, seem to me of weight. It may well be suggested that corporations of the size of…
2Cases cited4 opinions
- People ex rel. Beck v. ColerAppellate Division of the Supreme Court of the State of New York · 1898
- In re GuessNew York Supreme Court · 1896
- People ex rel. Beck v. ColerAppellate Division of the Supreme Court of the State of New York · 1898
- In re FreelNew York Supreme Court · 1895
3Cited by3 opinions
- Kimball v. DernUtah Supreme Court · 1911
- State Ex Rel. Moore v. Van Tassell Real Estate & Live Stock Co.Wyoming Supreme Court · 1938
- Goddard v. General Reduction & Chemical Co.Utah Supreme Court · 1920