People ex rel. Lehman v. Consolidated Fire Alarm Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Consolidated Fire Alarm Com* pany, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 28th day of November, 1910, directing the issuance of a peremptory writ of mandamus commanding the defendant, its officers, agents and representatives to permit the relator to examine and inspect its' books, papers, documents and records and to take extracts therefrom.
1Opinion of the Court
Miller, J.:
It is settled in this State that a stockholder has the right for a proper purpose and at a proper time and place to inspect the books of his corporation, and that, if that right is denied him by the officers of the corporation, the Supreme Court may in its sound discretion issue a writ of mandamus to compel an inspection. (Matter of Steinway, 159 N. Y. 250.)
Instead of asking for an alternative writ, the relator stood upon the moving papers and the opposing affidavits, and he is, therefore, in the position of a demurrant. (Matter of Steinway, supra, and cases cited at p. 254 of the…
2Cases cited2 opinions
- Matter of SteinwayNew York Court of Appeals · 1899
- In re PiersonAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by4 opinions
- Schulman v. Louis Dejonge & Co.Appellate Division of the Supreme Court of the State of New York · 1945
- Melup v. Rubber Corp. of AmericaNew York Supreme Court · 1943
- In re HitchcockAppellate Division of the Supreme Court of the State of New York · 1912
- In re ReheNew York Supreme Court · 1930