Ciancimino v. Man
New York Court of Common Pleas
Appeal from special term. Action by Peter Ciancimino and others against Alrick H. Man and others to have defendants’ election as trustees of the Ciancimino Towing & Transportation Company judicially declared illegal and void, and for injunctive relief. Plaintiffs obtained an injunction restraining defendants from acting as such trustees. From an order, refusing to continue, and dissolving such injunction, plaintiffs appeal. Affirmed.
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Appeal from special term. Action by Peter Ciancimino and others against Alrick H. Man and others to have defendants’ election as trustees of the Ciancimino Towing & Transportation Company judicially declared illegal and void, and for injunctive relief. Plaintiffs obtained an injunction restraining defendants from acting as such trustees. From an order, refusing to continue, and dissolving such injunction, plaintiffs appeal. Affirmed. The injunction was granted ex parte, upon misrepresentations to the effect that plaintiffs were defacto, as well as dejure, trustees of the corporation, as such…
1Opinion of the CourtBischoff, J.
A court of equity has no inherent power to try the disputed -title to corporate office, and to enjoin one in possession from the exercise of its functions at the suit of a rival claimant. 1 Pom. Eq. Jur. § 171; 3 Pom. Eq. Jur. § 1345; Mickles v. Bank, 11 Paige, 118; Lewis v. Oliver, 4 Abb. Pr. 121; Mayor v. Conover, 5 Abb. Pr. 171; Insurance Co. v. Phillips, (Mass.) 6 N. E. Rep. 534; Nathan v. Tompkins, (Ala.) 2 South. Rep. 747; Owen v. Whitaker, 20 N. J. Eq. 122. Such may be done, and judgment of ouster rendered, only in an action in the nature of a quo warranta, instituted by the attorney…
2Cases cited11 opinions
- Mickles v. Rochester City BankNew York Court of Chancery · 1844
- Fadness v. BraunborgWisconsin Supreme Court · 1889
- Depeyster v. GravesNew York Court of Chancery · 1816
- Hudson River Telephone Co. v. Watervliet Turnpike & R. R.New York Court of Appeals · 1890
- MacLaury v. . HartNew York Court of Appeals · 1890
6 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- People ex rel. Sandnes v. Sheriff of Kings CountyNew York Supreme Court · 1937
- Sheehy v. Town of HamburgNew York Supreme Court · 1928
- Model Building & Loan Ass'n v. PattersonNew York City Court · 1895
- Porea v. ErdmanNew York Supreme Court · 1961