People Ex Rel. Manice v. . Powell
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered October 28, 1910, which affirmed, as matter of law and not in discretion, an order of Special Term denying a motion for a peremptory writ of mandamus to compel the defendants to reinstate the relator as a director of the respondent Atlantic Terra Cotta Company. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered October 28, 1910, which affirmed, as matter of law and not in discretion, an order of Special Term denying a motion for a peremptory writ of mandamus to compel the defendants to reinstate the relator as a director of the respondent Atlantic Terra Cotta Company. The facts, so far as material, are stated in the opinion. The general rule is that a director cannot be removed from office during the term for which he is elected. (Cook on Corp. § 711; Thompson on Corp. § 1084.) Mandamus is…
1Opinion of the CourtChase, J.
The relator, who had been elected a director of the defendant Atlantic Terra Cotta Company for a term which will not expire until January, 1912, has been removed from his office as a director as hereinafter stated, and another person has been elected to fill the alleged vacancy and he is now performing the duties as such director. The relator seeks by peremptory mandamus to set aside the proceedings by which it is alleged he was removed and to be reinstated in his office as a director.
The defendant Atlantic Terra Cotta Company is a domestic corporation organized in February, 1907, for the…
2Cases cited8 opinions
- Beveridge v. New York Elevated RailroadNew York Court of Appeals · 1889
- People v. . BallardNew York Court of Appeals · 1892
- Bosworth v. . AllenNew York Court of Appeals · 1901
- Hoyt v. . Thompson'sNew York Court of Appeals · 1859
- People Ex Rel. McLaughlin v. Board of Police CommissionersNew York Court of Appeals · 1903
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3Cited by35 opinions
- Manson v. . CurtisNew York Court of Appeals · 1918
- Continental Securities Co. v. . BelmontNew York Court of Appeals · 1912
- Loeb v. TeitelbaumAppellate Division of the Supreme Court of the State of New York · 1980
- Upson v. OtisCourt of Appeals for the Second Circuit · 1946
- Fells v. KatzNew York Court of Appeals · 1931
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