Weihenmayer v. Bitner

Citations

• 88 Md. 325
• 42 A. 245
• 1898 Md. LEXIS 248

Syllabus

<p>Corporations — Right of Stockholder to inspect Books— Mandamus — Instructions to fury — No Reversal on Appealfor Harmless Error.</p> <p>Code, Art. 23, sec. 5, provides that full accounts shall be kept of the transactions of the directors of every corporation, “ which shall be open at all times to the inspection of the stockholders or members.” Held:</p> <p>ist. That a stockholder is entitled to make a personal inspection of the books of the corporation and cannot be required to accept anything else as a substitute for that.</p> <p>2d. That mandamus is a proper remedy to enforce this right of inspection at reasonable times, if it be refused by the officers of the corporation.</p> <p>3d. That the fact that the stockholder asking to inspect the books is a rival in business of the corporation, and may use the information so obtained to the injury of the corporation, is no ground for refusing the writ, but it would be denied if his purpose were improper or unlawful.</p> <p>An instruction to the jury that under the pleadings and evidence in. the case the plaintiff is not entitled to recover, is too general, but a judgment will not be reversed for error in granting such an instruction if this Court-is satisfied that there is no ground upon which a plaintiff could obtain a judgment in a second trial.</p>