Wilson v. Brentwood Hotel Co.
Appellate Terms of the Supreme Court of New York
Appeals by defendant from judgment's in. plaintiff’s favor, entered by default in the Eighth District Court upon proof of service of the summons upon ■ Frederick A; Hart, described as one of the directors of the defendant. > - The appeal is taken under section 3057 of the Code, upon affidavits showing that Hart hid' resigned as a director of the company before the service of the summons. Opposing affidavits are presented -by the respondent. '
1Opinion of the CourtDaly, P. J.
It is not questioned that Hart sent his resignation as director to the president of the company before the summons was served upon him, although it had not been formally accepted. Acceptance was not necessary to make the resignation effective. Chandler v. Hoag, 2 Hun, 613; 63 N. Y. 624; Smith v. Danzig, 64 Hun, 320; Morawetz on Corp., § 563. The fact that the withdrawal of Hart from the company would, reduce the number of its directors to less than three, the minimum allowed by law (Business Corporation Law, § 2, sub. 7; Laws of 1892, chap. 691), does not require ns to hold the resignation…
2Cases cited1 opinion
- Carnaghan v. Exporters' & Producers' Oil Co.New York Supreme Court · 1890
3Cited by5 opinions
- Noble v. EulerAppellate Division of the Supreme Court of the State of New York · 1897
- Haas v. ClarkNew York Supreme Court · 1911
- Timolat v. S. J. Held Co.Appellate Terms of the Supreme Court of New York · 1896
- Ewald v. Medical Society of the County of New YorkNew York Supreme Court · 1911
- Ross v. Western Land & Irrigation Co.District Court, S.D. Iowa · 1915