Spraker v. Platt
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Thomas C. Platt, as president, etc., and others, from so much of a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk . of the county of Montgomery on the 20th day of June, 1912, as adjudges that the proper officers of the United States Express Company give due notice and hold a meeting of the shareholders of said company for the purpose of electing seven directors and that plaintiff recover his costs.
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Appeal by the defendants, Thomas C. Platt, as president, etc., and others, from so much of a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk . of the county of Montgomery on the 20th day of June, 1912, as adjudges that the proper officers of the United States Express Company give due notice and hold a meeting of the shareholders of said company for the purpose of electing seven directors and that plaintiff recover his costs. Said judgment was entered upon a decision of the court after a trial at the Clinton Special Term.
1Opinion of the Court
Lyon, J.:
The question involved upon this appeal is as to the right of the court to direct the holding of a meeting of the shareholders of the United States Express Company, a joint stock association, for the purpose of electing a board of directors.
The United States Express Company was organized in this State, under the common law, April 22, 1854, for the purpose of prosecuting a general express forwarding business in this and foreign countries. Its original capital stock was $500,000, divided into shares of $100 each. The five organizing members contributed the full capital stock and…
2Cases cited9 opinions
- Hibbs v. . BrownNew York Court of Appeals · 1907
- In Re the Appraisal, Under the Transfer Tax Act, of the Estate of JonesNew York Court of Appeals · 1902
- Phillips v. BlatchfordMassachusetts Supreme Judicial Court · 1884
- People Ex Rel. Platt v. . WempleNew York Court of Appeals · 1889
- Bray v. . FarwellNew York Court of Appeals · 1880
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3Cited by2 opinions
- Roberts v. AndersonCourt of Appeals for the Second Circuit · 1915
- Mason v. American Express Co.District Court, S.D. New York · 1963