Legal Opinion

Kilauea Sugar Co. v. Macfie

Hawaii Supreme Court

Decided July 27, 1883PublishedCited by 1 opinion

Equity Appeal erom the Decision op Judd, Chancellor. A manager of a sugar plantation owned by a corporation is not an officer of the corporation, and Quo Warranto does not lie to remove him : nor.would it afford the relief desired, even if he were an officer. Equity has jurisdiction by injunction to restrain assertion of doubtful rights in a manner productive of irreparable damage, as of a manager of a plantation interfering with the management after his removal.

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Equity Appeal erom the Decision op Judd, Chancellor. A manager of a sugar plantation owned by a corporation is not an officer of the corporation, and Quo Warranto does not lie to remove him : nor.would it afford the relief desired, even if he were an officer. Equity has jurisdiction by injunction to restrain assertion of doubtful rights in a manner productive of irreparable damage, as of a manager of a plantation interfering with the management after his removal. Decision of the Chancellor affirmed. The Opinion of the Chancellor, appealed from, was as follows :

1Opinion of the Court

Opinion op

Judd, Chancellor.

This is a Bill in Equity alleging, in substance, that the plaintiff, a corporation, duly incorporated under the laws of this Kingdom, owns a sugar plantation on the island of Kauai; that respondent had been manager of the said plantation, but was on the 1st day of May, 1883, removed from this position by the President of the corporation, in accordance with a vote of the directors and of the stockholders of said corporation, at a meeting at which respondent was present, the whole number of shares in the corporation being 300, and the holders of 225 J shares voting in…

2Cases cited3 opinions

  1. Mickles v. Rochester City BankNew York Court of Chancery · 1844
  2. Hartt v. HarveyNew York Supreme Court · 1860
  3. Commonwealth v. DearbornMassachusetts Supreme Judicial Court · 1818

3Cited by1 opinion

  1. Scott v. Hawaiian Tobacco Plantation, Ltd.Hawaii Supreme Court · 1913

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