111 N.Y.S. 94 | N.Y. App. Div. | 1908
The relator owns 1,631 shares of the capital stock of the corporation of the par value of $100 per share, which is more than forty-three per cent of the entire capital stock which has been issued and is outstanding. There is no room for the inference or even suspicion that the relator did not become a stockholder in good faith,
It follows that the order should be reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs; the order for the writ and the writ, however, to contain a clause excepting from its operation those parts of the books and records of the corporation showing the names of its customers.
Clarke, Houghton and Soott, JJ., concurred; Ingraham, J., concurred in result.
Order reversed, with ten dollars costs and disbursements, and motion granted to the extent stated in opinion, with ten dollars costs. Settle order on notice.