Palmer v. Diel

Mr. Presiding Justice Barry

delivered the opinion of the court.

Appellee owns 35 shares of the capital stock of the First National Bank of Noble, Illinois, of which appellant is the cashier. Appellant has the custody and control of the books and records of the bank and refused to permit appellee to inspect the same upon a demand duly made in writing. There is no controversy as to these facts. The court awarded a writ of mandamus against appellant requiring him to permit appellee to examine the books and records.

Section 38 of the Corporations Act [Cahill’s Ill. St. ch. 32, ¶ 38] gives appellee…