Morris v. Wacker Hotel Co.

Full title: Benjamin B. Morris, Appellee, v. Wacker Hotel Company et al., Appellants

Court: Appellate Court of Illinois, Chicago, First District

Date published: Feb 18, 1944

321 Ill. App. 366 (Ill. App. Ct. 1944)

53 N.E.2d 740

Opinion

Gen. No. 42,722. (Abstract of Decision.)

Opinion filed February 18, 1944 Supplemental opinion filed and rehearing denied March 2, 1944

CORPORATIONS, § 406^_ — burden of proof in proceeding by stockholder seeking to enforce by mandamus right to inspect books and records. In proceedings by shareholder of corporation seeking issuance of writ of mandamus commanding officers of corporation to permit shareholder to examine books and records of corporation, burden of proof was on shareholder to show that his purpose in demanding privilege of examining books and records of corporation was proper and lawful (Ill. Rev. Stat. 1943, ch. 32, par. 45; Jones Ill. Stats. Ann. 32.045).

_ See Callaghan's Illinois Digest, same topic and section number.

MATCHETT, J., dissents.

Appeal from the Circuit Court of Cook county; the Hon. JOHN PRYSTALSKI, Judge, presiding.

Judgment reversed. Heard in the first division, first district, this court at the June term, 1943.

Brown, Fox Blumberg, for appellants;

Charles LeRoy Brown and Jacob Logan Fox, of counsel;

David I. Spark, for appellee.

Opinion by PRESIDING JUSTICE O'CONNOR.

Not to be published in full. Opinion filed February 18, 1944; supplemental opinion filed and rehearing denied March 2, 1944.