United Gold & Platinum Mines Co. v. Smith
New York Supreme Court
Action by plaintiff, a corporation, to set aside as invalid an issue of stock to defendant and a demand that' defendant retransfer and return the stock to its treasury.
1Opinion of the CourtBlanchard, J.
The facts of this case are as follows: The plaintiff is an Arizona corporation, and was formed out of the consolidation or merger of two pre-existing Arizona corporations, viz., the American Gold and Platinum Mines Company (which will be referred to as the American Company) and the Consolidated Gold and Copper Mines Company (which will be referred to as the Consolidated Company). The defendant Smith, at the time of the merger, held as trustee for the stockholders of the constituent companies the majority of the capital stock, with the right to vote upon said stock, and he thus had the…
2Cases cited3 opinions
- Duncomb v. . N.Y., H. N.R.R. Co.New York Court of Appeals · 1881
- Welch v. Importers & Traders' National BankNew York Court of Appeals · 1890
- Central Trust Co. v. N. Y. City & Northern RailroadNew York Supreme Court · 1886
3Cited by2 opinions
- United Hotels Co. of America, Inc. v. MealeyCourt of Appeals for the Second Circuit · 1945
- Suffridge v. O'GradyNew York Supreme Court · 1948