Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1922-07-31

|
! gusta, Maine, against the Clerk OF the
! corporation. in which the Court is
! asked 10 order the Clerk to permit the
| petitioner TO inspect the stock book.
! 70 take copies and minutes therefrom
| Of such parts as concern his interest
and TO make Il list of the stockholders
with their residence and amount Of
! stock held by each. A full hcaring on
this petition was held on Tuesday,
July o. 1922.
! This pro ccding is brought under f.
/ $. ch. 81, soc. %. which provides in re-
! gard to corporate books and records as
! follows:
Such records and stock book shall
! he open at all rea sonable hours to he
/ inspection of persons interested. who
I may take copies and minutes there
! from Of such parts as concern their
! interests"
The Law Court has had occa sion TO
! pass upon this statute and the rights
! Of stockholders Hereunder in several
i cases White V. Manter. 100 Maine
! +6S; Wilmington Y. Bradley. Iii Maine.
%ei Eaton v Man:er. ia Maine oa9;
Knox V. Coburn, III Maine, 400: Brycr
: V. Wyman. lis Maine, 31S; Shea V.
Sw"etsor. 119 Maine, 400.
Tho decision in each case must rest
4 upon tho particular facts Of such case,
/ having in mind tive discretionary pow
( er Of IN" court TO grant or deny the
! issuance Of the extraordinary writ Of
| mandamus. OF the six cases above
, cited. tho writ Yves granted in four in
/ stances and denied in two.
/. In tho case under consideration
1 the first point to lie determined is
whether the petitioner is a person in
torcstcd in the affairs of the corpora
tiOn, because the statutory privilege Of
taking COPIES and minutes is restricted
to persons Interested and IS limited
/ even in such cases to such parts as
concern thor Interests
ON tbs point | find fl.at the pcti-
tionrr IS en- interested person and
comes within the statutory require
mnr'. He is The bona fidn owner and
holder Of a. shares Of the Edwards
Company stock. purchased more than
two wears AGO At varying prices. in
some cases as high as $l3J to $40 A
share. This represents en- investment
oe at least 5000 or $G0uU. a substan-
t.al amount for 2 private investor. In
addition he purchased six shares at
The same tim" for his wife, which stock
s''.l stands in her name. making a
''''' ~ 0''''''S
oa-o ,h "' !. "'' In,'''S. s'NeS ~ '!l's
"'''H ils''' =, 'A"iiiih-
''"N anu '''''N'''s Il CO.
- " 80, ~ N''"',S VIII
s,,,os IN, ~ an '-,' ,nI ,'''','p'r y!
~ "S '"' u '''i'eH' 'il' court
',1'l '.'.'.' - am .''o
~ d II " d MUS On 'He
II 80 ro'o ~ "'i'o"
10 Nc"
'"' r ''' ~ 'i.,'" ~ hotf
~" =, .,''o ~ ''''S ~ "o"'' DC t"e
~ ~" - 'NHc 'iie "iiI
- :" ,'''' J"",lr'
49," '' '"'he '~'4'
,r '7'' = -'"'i-'' 4"".
on" i"' Ht'"" l" ne "''oi
''i'' +" = '"'i'i"fe 'l'' purpose OF the
p','''"l'',' an" WH'!h'r 'i'at purpose
= '""iu' or "hla"l"'' proper or m
'S ~ '"' P"' pose Oh 'H' pt'itl"hcf IS
Wy ""'''i"hH " wy p'u'I"i'r hi.n-
H'I' wv" S'"''" II as io'Io"s;
ldt Ho"r Pui pose N
- 'NlHE 'R'H ''St "I s'ocA hoiuerS OF
~ NV - MISUNDERSTANDING NoN-
p'"A
a. }" P'"'cct my investment
'N"h nave YOU o'hor mPn,-
hHS"''a'"s' mat nave invested IN
NllS company
~ f'S'SiF' aPPfoNImalihs 20
SH'res "l S'orK'
= Nha' 90 You propose 10 GO WIN
INC ist II You get i
a propose 10 appeal 10 the
STOCK nold'rs LOT changc or man
aSe'heh'' meaning 'he tf'asurefShlp
as wen as we seillng agency.
lh!s evidence ! must accept as
true IL STANDS Gncontradlcted. 1T
~ reasonable IN Itself IN view OF
o'her testimony or the petitioner as
10 certain CRITICISMS which ne made
upon the management Whether
those CRITICISMS are well FOUNDED or
rot Is immaterial in this hearing.
Inc management OF the company is