Legal Opinion

Matter of Tuttle v. . Iron Nat. Bank

New York Court of Appeals

Decided February 18, 1902PublishedCited by 13 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the third judicial'' department, entered December 21, 1901, which affirmed an order of Special Term directing the issuance of a peremptory writ, of mandamus directing the defendants to furnish to the petitioners a statement of certain facts in relation to the property of the defendant bank. The facts, so far as material, are stated in the opinion.

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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial'' department, entered December 21, 1901, which affirmed an order of Special Term directing the issuance of a peremptory writ, of mandamus directing the defendants to furnish to the petitioners a statement of certain facts in relation to the property of the defendant bank. The facts, so far as material, are stated in the opinion. The facts set forth in the moving petition having been denied arid disputed, it was improper to grant a peremptory writ of mandamus, in the first instance. (People v. R., W. & O.…

1Opinion of the Court

Per Guriam.

This was an application by certain stockholders of The Iron National Bank of Plattsburgh for the issuance of a writ of mandamus, directed to the said bank and to its board of directors and its officers, requiring them to exhibit to the petitioners the books, papers and assets, of the bank, and to permit them to examine and to take extracts therefrom. • The application was opposed, and, after a hearing, the court at Special Term ordered that a peremptory writ of mandamus issue, requiring the president and the cashier of the bank in question to forthwith give a certified statement,…

2Cases cited3 opinions

  1. Matter of SteinwayNew York Court of Appeals · 1899
  2. Robinson v. . National Bank of NewberneNew York Court of Appeals · 1880
  3. Cockburn v. Union BankSupreme Court of Louisiana · 1858

3Cited by13 opinions

  1. Guthrie v. HarknessSupreme Court of the United States · 1905
  2. Crane Co. v. Anaconda Co.New York Court of Appeals · 1976
  3. State Division of Human Rights v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 1982
  4. State Ex Rel. Boldt v. St. Cloud Milk Producers' Assn.Supreme Court of Minnesota · 1937
  5. People ex rel. Lorge v. Consolidated National BankAppellate Division of the Supreme Court of the State of New York · 1905

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