Gertridge

Plaintiff, who was the owner of certain shares of the capital stock of State Capital Co., a corpora tion, filed a petition in the superior court for a writ of mandate, directing its officers to permit him to inspect certain of its books, namely, the share register, books of account and the minutes of the stockholders’ and directors’ meetings. He alleged that a demand in writing for such inspection had been made and refused; that his purpose was to enable him to ascertain the present value of his stock in order to determine whether to sell or to hold the same. The defendants filed an answer to the petition alleging that plaintiff’s demand was made with intent to .use the books mentioned “to the injury of such corporation upon receipt of the information sought to be acquired thereby”; and further, that the demand for inspection “was influenced by and made with bad motive and purpose”. A demurrer to the answer was sustained without leave to amend, and the writ issued as prayed. Defendants have appealed from the judgment.

Section 355 of the Civil Code provides that the share register, books of account and minutes of the shareholders’ and directors’ meetings of “every” corporation…