New-York tribune., 1867-05-30
SUPREME COURT-CHAMBEIs- 29.-Before hr
Justice SUTHERLAND.
TIK CUICAGO AND NOKIH-WKSTEKN KAIII.UNU-
RIGHTS OF STOCKHOLDERS or FOREIGN CORPOR-
.TIONs-A PEREMPTORY MANDAMUS TO TIE
TN, FXIIIHIr Ills HOOKS.

THE CHICAGO AND NOgTH-wKsTERN RAILROAD
RYGHTs or STOCKHOLDERS OF FOREIGN CORPoR
ATIoNs-A PEREMPToRY MANDAMUS TO TIE
TRANSFER AGENT To EXHIBIT HIS BOOKS
The People er rel Rnias Hatch sgt Absri L. Pnieh."
This motion made on Thursday last to procure
list OF Tho stockholders the TO make 70 n'e
IN the canvass for the election In Chicago on THIS day
week LIunc 81 and pos pOncd till Monday, when the ar
gument commenced and continued I'll late on Tnes
day WAS h" s qsor the Court interrupted
him. saying that there was no use OF further argnnen
taken 40 long no had considered II II went along and
as IL was matter not admitting OF much delay, he would
not know that no Ind IN which he was more free
doubt He would not say that had this act OF isi2
by relator the Court would have enforced
against agent simply for the reason that he wanted
ascertain who tho corporators were win references 10
free from doubt IIo was almost free from doubt that
even nj common law mandamus ought To 40 particu-
was crcmscance that rather added The force Of tho
rentors claim. But when he came TO look nj this stat
ute appeared to him perfectly plain that this nrs sec
ton must viewed regulation or general rule Tor
the conduct Of these transfer agents within this Juic-
ton IN applies all transfer agents aud makes IL the
duty OF transfer agents OF foreign corporations whether
individually OF in their official capacity absolutely obi-
son FOR his demand to exhibit the transfer books and list
OF ofstoehoders II he have any He considered that it
itaion, consideration restriction. or reason
The second section gives penalty o S@9 or not dons
H. fQr from going show ne claimed by the other
side that the duty cannot be enforced ly mandamus, IL
sSGs s i Sm right Of the 10 be-
enforced not only in the ordinary way but by this pen
sity lie had looked over all the cited this
penalty being exclusive and did not think they applied
The other point raised that the ahiyts did not show
that he was the tranfer agent of tho company In
sral sense the Treasurer IL an agent OF tho Company
whether foreign domestic, and as the affidavit alleges
that he has charge Of the transfer OF stock for tho Com
pany that sufficiently makes him the transfer agent.
a discussion then arose on the form OF the writ;
Mr. Larocquc claimed that IN view OF the eyave pro-
cecngs the part of the respondent ths writ must be
IN comprehens form After discussion OF over an
hour this form. the order for mandamus was granted
In the foowipg form;
Present the Hon. j. sutherland. Justice
The People ex rel Rufus Hatch agt Albert L. Pitchard
Treasurer and Transfer Agent OF the Chicago and
On reading ard Ming the affidavit Of the relator and
aiays of the defendant, Albert !. Pritcbard and ai
dlyis Of Kenyon Cox, Henry J" Teallng Ihe9dofo % ~
Block and william Ward the part Of the defendant
hearing Mr. Larocaue Of counsel Nor me re.aof
IL ~ ordered that peremptory writ OF lnabdams Is
sne out of and under the seal Of this Court decedt TO
defcndant commanding him forthwith and at all reason
able times during the usual hours Of uansaeting bus
pess 20 exhibit TO the Yeator, stoehboder OF tbe sa
sneR Corporation and .als tile st Of the stockholders
thereof the extent that and as the same IN mo
stoc books and stock ledger OF the SAID Cor
poYaIon uer his charge and kept In It's office IN the
City OF NewYork, and any other list of soekhodss OF
sad Corporation for as IN his power so TO d and that
defendant pay to the reator 80 costs o. rms moon
Enl, D. SulHi|tLANp'
Elizabeth A. Foley. by &c. agt. Geo Mcdonald
q for stay Of Sdgfn. gIan,e @ 3 the , secss
Before Justice sUTHERLAND.
Martha =. Cowles Executrx, &c. agt. Simeon AynoIdl
&c.-Report confirmed and judgment, foreclosure and
sale ordered n
mis- et al.--Report confirmed and Judgment ordered
Mary y. Knight agt. Abram Knight q cases).-Orders
granted. -.
In re the petition Of Mary Galvan and Others infants
&c-Report Of reference confirmed ard order granted
Before Justice BARNARD.
VIM. Brice ct al agt. VIM. II. Palmer ct a-&otion de-
MED. .
Chas A. slliman ct al agt Martin A. j. Lynch; In 10
lien agt The Steamboat Josephine, her tackle, &c
Motions granted.