Majority
p. 759In the Matter of the Application of John B. Dodds, Petitioner, for a Peremptory Order of Mandamus against Sutphin Park Realty Corporation, Henry W. Coad, as Its President, Jay W. Pyle, as Its Treasurer, and William G. Smart, as Its Assistant Treasurer, Respondents. Sutphin Park Realty Corporation and William G. Smart, as Its Assistant Treasurer, Appellants; John B. Dodds, Respondent.
Petitioner, claiming to be a stockholder, instituted proceedings to examine the books and records of the respondent corporation. The respondents alleged that the petitioner was not a stockholder and further alleged that the application was not made in good faith. An alternative order of mandamus was issued and the questions of fact were tried before the court; and it was found and decreed that the petitioner was a stockholder and was seeking the examination in good faith. Order of peremptory mandamus unanimously affirmed, with costs. No opinion. Present — Lazansky, P. J., Hagarty, Davis, Adel and Taylor, JJ.