Legal Opinion

Cullom v. Simmonds

Appellate Division of the Supreme Court of the State of New York

Decided April 4, 1955Published

1Opinion of the Court

The amended complaint alleges that in July, 1953, a “Stockholders Protective Committee” was organized by three of the defendants for the purpose of expelling four directors from office. This was to be accomplished by preferring charges against them at a special meeting of stockholders. Expenses were incurred by the committee in the solicitation of proxies for the special meeting. Legal action was required in order to compel the president of the corporation to hold the special meeting. (Matter of Auer v. Dressel, 306 N. Y. 427.) The special meeting was never held because, apparently, the…

2Cases cited5 opinions

  1. Everett v. PhillipsNew York Court of Appeals · 1942
  2. Steinberg v. AdamsDistrict Court, S.D. New York · 1950
  3. Auer v. DresselNew York Court of Appeals · 1954
  4. Lawyers' Advertising Co. v. Consolidated Railway Lighting & Refrigerating Co.New York Court of Appeals · 1907
  5. Rosenfeld v. Fairchild Engine & Airplane Corp.Appellate Division of the Supreme Court of the State of New York · 1954

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