Legal Opinion
Gallaher v. Texagon Mills, Inc.
District Court, S.D. New York
Decided July 22, 1946PublishedCited by 4 opinions
1Opinion of the Court
KNOX, District Judge.
Under the law of New Jersey, the director'.of a corporation whose interest in a matter disqualifies him from voting upon a resolution concerning the same, cannot be counted for the purpose of ascertaining whether a quorum is present when the vote is taken. A director so disqualified by personal interest loses, pro hac vice, his character as director and so cannot be counted. Enright-v. Heckscher, 2 Cir. 240 F. 863, 872,
By a parity of reasoning, I should think that the officers and directors of a corporation against which they have instituted suit should not be permitted,…
2Cases cited2 opinions
- Enright v. HeckscherCourt of Appeals for the Second Circuit · 1917
- Warwick Sportswear Co. v. SimonsAppellate Terms of the Supreme Court of New York · 1939
3Cited by4 opinions
- Application of Roy L. Shapiro for a Writ of Habeas Corpus. United States of AmericaCourt of Appeals for the Third Circuit · 1968
- France Packing Co. v. DaileyCourt of Appeals for the Third Circuit · 1948
- Eastern Oklahoma Television Co. v. Ameco, Inc.Court of Appeals for the Tenth Circuit · 1971
- Eastern Oklahoma Television Company, Inc., an Oklahoma Corporation, and Clear-Vue, Inc., an Oklahoma Corporation, (Plaintiffs Below) v. Ameco, Inc., a Corporation (Defendant and Third-Party Below) v. Jack Eldridge, Thomas E. Kemp and Troy O. Melton, (Third-Party Below) v. Bill Hoover, (Intervenor Below)Court of Appeals for the Third Circuit · 1971