Dusenbury v. Looker
Michigan Supreme Court
Certiorari to Wayne; Frazer, J. Mandamus by Joseph W. Dusenbury against Oscar R. Looker, president, and James H. Cummins, secretary, of the Michigan Mutual Life Insurance Company, to enforce the stockholders’ minority law. From an order denying the writ, relator brings certiorari.
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Certiorari to Wayne; Frazer, J. Mandamus by Joseph W. Dusenbury against Oscar R. Looker, president, and James H. Cummins, secretary, of the Michigan Mutual Life Insurance Company, to enforce the stockholders’ minority law. From an order denying the writ, relator brings certiorari. The Michigan Mutual Life Insurance Company is a corporation organized in this State July 8, 1870, under the life insurance act of 1869. At the annual meeting of the stockholders January 28, 1896, the relator, holding 1,238 of the 5,000 shares of stock in the company, endeavored to enforce the stockholders’ minority…
1Opinion of the CourtGrant, J.
(after stating the facts). The act under which this insurance company was organized does not provide for the number of directors, nor how they shall be elected, but leaves it to the incorporators in their articles of association to fix the number of directors and manner of election. The original articles provided for 21 members, 7 to be elected each year. A subsequent amendment increased the number to 27. If mandamus were the proper remedy, we do not think the proper parties are before the court. Neither the articles of association nor the by-laws impose any duty or confer any right upon the…
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