DocketNumber: Civ. No. 84.
Citation Numbers: 84 P. 270, 2 Cal. App. 638
Judges: COOPER, J. —
Filed Date: 1/11/1906
Status: Precedential
Modified Date: 1/12/2023
This appeal is from a judgment awarding a peremptory writ of mandate to plaintiff, commanding the defendant, its officers and agents, to permit plaintiff, and anyone he desires to assist him, to examine, take copies of and inspect the books, records and papers of defendant corporation. The court found that the plaintiff was at the times mentioned in his petition, and now is, "a member of said defendant corporation and in good standing therein; that on the eleventh day of March, A.D. 1902, and at the office of the said corporation in the said city and county of San Francisco, and during office hours of the said corporation, the said petitioner, John Gavin, demanded of the said corporation and of the said defendant, John Bell, the secretary of said corporation, an inspection and an opportunity to take a copy of the said books and papers of the said corporation, and for the purpose of making an examination thereof. That *Page 639 thereupon and in response to the said demand, said John Bell, secretary of the corporation as aforesaid, knowingly and willfully refused to give your petitioner, John Gavin, a reasonable or any opportunity to inspect or take a copy of any of the said books and papers of the said corporation."
We have examined the evidence and are of opinion that it is sufficient to support the findings. It has been held, upon a review of the authorities, that a stockholder in a corporation has a right to inspect the books, records and journals of the corporation, and that upon refusal mandamus will lie to compel such examination. (Johnson v. Langdon,
The judgment in this case awards an inspection of such books as should show the assets and liabilities of the corporation defendant. The findings are in accord with the averments of the complaint, and for the reasons above set forth support the judgment.
The judgment and order denying the motion for a new trial are affirmed.
Harrison, P. J., and Hall, J., concurred.