Auer v. Dressel

This proceeding has been instituted under article 78 of the Civil Practice Act to compel, by way of mandamus, the president of B. Hoe & Co., Inc., to call a special meeting of the class A stockholders to act upon four enumerated proposals. ‘ ‘ In the case of special meetings, the notice must state the business to be transacted, and no other business than that stated can be transacted.” (5 Fletcher’s Cyclopedia Corporations. [Perm, ed.], § 2009.) The president of Hoe was justified in declining to call a class A stockholders ’ meeting pursuant to the demand of these shareholders, regardless of…