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Lloyd v. H. T. E. Beardsley, Inc.

258 A.D. 954 Court N.Y. App. Div. Decision date 1940-01-26 English

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p. 954
In the Matter of the Application of Arthur E. Lloyd, Jr., Respondent, for an Order against H. T. E. Beardsley, Inc., Appellant.

The petitioner previously instituted a derivative stockholder’s action in which he moved for discovery of the corporate books and was granted such examination, which was limited in, scope

p. 955
because of his alleged position as a competitor in business of the company. Under the circumstances, an order in the nature of mandamus for a further inspection of the books by petitioner as a stockholder was improperly granted. Order unanimously reversed, with twenty dollars costs and disbursements, and motion denied. Settle order on notice. Present — Martin, P. J., O’Malley, Townley, Cohn and Callahan, JJ.