In re Cecil
New York Supreme Court
This was an application on the part of the petitioners to set aside the election of three out of the twelve directors of the Meteropolitan Gas Light Company. The grounds of the application were alleged irregularities on the part of the inspectors who conducted the election.
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This was an application on the part of the petitioners to set aside the election of three out of the twelve directors of the Meteropolitan Gas Light Company. The grounds of the application were alleged irregularities on the part of the inspectors who conducted the election. It was decided by the inspectors that proxies presented by persons who offered to vote in that way, could not be received, if objected to, unless the execution of the same was proved by the certificate of some officer duly authorized to take acknowledgments of the execution of instruments, or by the proof or affidavit of…
1Opinion of the CourtCardozo, J.
The inspectors entirely mistook their powers and duties. They are purely ministerial officers.
When a proxy apparently executed by the stockholder, regular in form was presented to them, they had no right to refuse to receive the vote, or assume to themselves the power of a judicial tribunal to try its genuineness. If it were apparently the act of the stockholder, and regular upon its -face, that ended the matter so far as the inspectors were concerned. If for any reason, not apparent upon its face, it was invalid, redress must be sought from the courts after the election, if its being used…
2Cited by7 opinions
- Young v. JebbettAppellate Division of the Supreme Court of the State of New York · 1925
- In re Lake Placid Co.Appellate Division of the Supreme Court of the State of New York · 1948
- Burke v. WiswallNew York Supreme Court · 1948
- In re the Election of Directors of the St. Lawrence Steamboat Co.Supreme Court of New Jersey · 1882
- Manacher v. Central Coal Co.New York Supreme Court · 1954
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