Opinion
Gen. No. 41,495. (Abstract of Decision.)
Opinion filed March 24, 1942 Rehearing denied April 11, 1942
TRIAL, § 32 — offer of proof. In a mandamus proceeding to compel respondents to permit an examination of the list of names of stockholders, wherein penalties were assessed for failure to permit the examination, it was error to exclude testimony offered by respondents as to the motive behind the action of petitioner in seeking a list of stockholders and the offered evidence tending to show that petitioner and another were trying to obtain partial or complete control of the management of respondent company should have been admitted.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Superior Court of Cook county; Hon. FRANCIS B. ALLEGRETTI, presiding.
Judgment order reversed and cause remanded for new trial. Heard in second division, first district, this court at October term, 1940.
Arthur C. Rooney, for appellants;
Castle, Williams McCarthy, for appellee;
Emmett J. McCarthy, Robert R. Hanley and George R. Lyon, of counsel.
"Not to be published in full." Opinion filed March 24, 1942; rehearing denied April 11, 1942.