In re the Petition of Stockholders of Robert Clarke, Inc.
Appellate Division of the Supreme Court of the State of New York
Appeal by Irving T. Sherman and others from two orders of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 13th day of July, 1918, setting aside an election of directors and granting other relief. The appellants Sherman and Kreller state in their brief that they abandon their appeal from the order in proceeding No. 1, which involved the legality of an election of June twelfth.
1Opinion of the Court
Jenks, P. J.:
At the election for directors held on June 18, 1918, the stockholders divided into the Read and Kreller parties. The Read party handed in 69 votes for its nominees and the Kreller party 45 votes for its nominees, for 3 inspectors of elections respectively. But the president of the corporation, presiding, ■ decided that the Read party was entitled to cast 34 votes and no more, and despite protests and demands of that party, declared the nominees of the Kreller party elected. Thereupon the Kreller party nominees acted as inspectors at the election for 3 directors, which followed…
2Cases cited8 opinions
- In Re the Elections of Directors of George Ringler & Co.New York Court of Appeals · 1912
- In re the election of Directors of the Long Island RailroadNew York Supreme Court · 1837
- Matter of Petition of Argus Co.New York Court of Appeals · 1893
- State Ex Rel. Ryan v. CronanNevada Supreme Court · 1897
- People ex rel. Hart v. PhillipsCourt for the Trial of Impeachments and Correction of Errors · 1845
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Cheatham v. Wheeling & L. E. Ry. Co.District Court, S.D. New York · 1930
- In re A. Bruder & Son, Inc.New York Court of Appeals · 1950
- In re the Election of Directors of William Faehndrich, Inc.New York Court of Appeals · 1957
- Dal-Tran Service Co. v. Fifth Avenue Coach Lines, Inc.Appellate Division of the Supreme Court of the State of New York · 1961
- In re ProphetAppellate Division of the Supreme Court of the State of New York · 1932
7 more not listed; retrieve them via the Exa API.