Legal Opinion

Martin v. W. J. Johnston Co.

New York Supreme Court

Decided December 31, 1891PublishedCited by 5 opinions

Appeal from special term, ¡New York county. Application by Thomas Commerford Martin for a peremptory writ of mandamus, requiring the W. J. Johnston Company to permit applicant as a stockholder to inspect the books of the company. From an order granting the writ the company appeals.

1Opinion of the CourtDaniels, J.

When this appeal was before a preceding general term of this court (12 N. Y. Supp. 844) it was directed to be dismissed because the company had complied with the requirements contained in the writ; but, on a further appeal to the court of appeals, that dismissal was reversed, (27 N. E. Rep. 1017,) and a hearing on the merits of the proceeding was directed to take place, for the reason that $50 costs had been recovered against the company; and pursuant to that direction the case has again been brought to a hearing upon the appeal. In support of the application, the applicant, Martin, has sworn…

2Cases cited6 opinions

  1. The People Ex Rel. Kelly v. . Common CouncilNew York Court of Appeals · 1879
  2. People Ex Rel. Port Chester Savings Bank v. CromwellNew York Court of Appeals · 1886
  3. Sullivan v. GilroyNew York Supreme Court · 1890
  4. Kelsey v. Pfaudler Process Fermentation Co.New York Supreme Court · 1889
  5. People ex rel. Anibal v. Board of SupervisorsNew York Supreme Court · 1889

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3Cited by5 opinions

  1. In re BeckerAppellate Division of the Supreme Court of the State of New York · 1922
  2. State ex rel. Johnson v. St. Louis Transit Co.Missouri Court of Appeals · 1907
  3. People ex rel. Hoffman v. TedcastleThe Superior Court of the City of New York and Buffalo · 1895
  4. McGeary v. BrownSouth Dakota Supreme Court · 1909
  5. People ex rel. Hoffman v. TedcastleThe Superior Court of New York City · 1895

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