State ex rel. Weinberg v. Pacific Brewing & Malting Co.

Citations

• 21 Wash. 451
• 58 P. 584
• 1899 Wash. LEXIS 309

Syllabus

<p>MANDAMUS — PROCEDURE—PARTY PLAINTIFF — PROSECUTION IN NAME OF STATE.</p> <p>Although the application for a writ of mandamus is made in tbe interest of a private person, it is proper practice to bring tbe proceeding in tbe name of tbe state, on tbe relation of tbe party beneficially interested.</p> <p>CORPORATIONS-INSPECTION OF RECORDS-RIGHTS OF STOCKHOLDER.</p> <p>A stockholder of a corporation has the right, at reasonable times, to inspect and examine the books and records of such corporation, so long as his purpose is to inform himself, in the interests of the corporation, as to the manner and fidelity with which the corporate affairs are being conducted; and, upon a refusal to permit such inspection, may enforce the right by mandamus proceedings.</p> <p>SAME — PRESUMPTIONS.</p> <p>The presumption, when a stockholder applies for inspection of' the corporate books and accounts, is that the inspection is sought, in the interests of the corporation; and, when the refusal is based on the ground that the inspection is sought for purposes antagonistic to the corporation, the burden is upon the officers refusing inspection to establish that the stockholder is not proceeding in good faith.</p> <p>SAME--GROUNDS OF REFUSAL.</p> <p>Where the refusal to permit a stockholder to inspect the books, and accounts of the corporation was based on the ground that the stockholder had no right of inspection at any time or for any purpose, it is unnecessary that the petition for mandamus to. compel compliance should affirmatively show the demand for inspection was made during office hours, or at the place of business, of the corporation, or that the person making the demand was the agent of respondent or had any lawful right to represent her in the transaction.</p>