EMILE M. BABST CO., INC. v. COMMERCIAL ENTERPRISES, INC.

No. 5627.

274 So.2d 742 (1973)

EMILE M. BABST CO., INC. v. COMMERCIAL ENTERPRISES, INC.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied April 3, 1973.

Writ Refused May 24, 1973.


Attorney(s) appearing for the Case

Henican, James & Cleveland, C. Ellis Henican, New Orleans, for plaintiff-appellant.

Adams & Reese, Louis A. Wilson, Jr., New Orleans, for Emile M. Babst, Jr., defendant-appellee.

Bienvenu & Culver, Robert N. Ryan, Lawrence F. Babst, Jr., New Orleans, for Commercial Enterprises, Inc., Milton U. Blancher and Lawrence F. Babst, defendants-appellees.

Before REDMANN, LEMMON and GULOTTA, JJ.


GULOTTA, Judge.

This is a mandamus suit to compel defendants to allow plaintiff to vote pledged stock or to transfer to it as pledgee 300 shares of stock on the corporate books of the defendant corporation in the name of Emile M. Babst, Jr., which has been pledged by Babst to plaintiff to secure an indebtedness (a demand promissory note) now matured, due and demandable. Without this transfer or right to vote, plaintiff complains he cannot examine the books and transactions...

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