People Ex Rel. Miller v. . Cummings
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, affirming an order of Special Term granting a writ of peremptory mandamus, “ directed to William A. Gumming, John P. Gumming.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, affirming an order of Special Term granting a writ of peremptory mandamus, “ directed to William A. Gumming, John P. Gumming. Alexander McGuire, and Thomas Miller, trustees of the New York Cement Company, requiring them to notify and cause an election to be held for four trustees of said company, at the office of said company, in the city of New York, and to fix a time for such election within twenty days after the service of said mandamus; also directed to John P. Gumming, as secretary of said…
1Opinion of the CourtMiller, J.
The claim of the relator, as a stockholder of the New York Cement Company, to a peremptory mandamus, rests upon the provisions contained in 1 Revised Statues, 604, § 8. This section declares that if the election for directors of any bank or other incorporated company of this State shall not be duly held on the day designated, etc., * * * “ it shall be the duty of the president,” etc., “ to notify and cause an election for directors to be held within sixty days immediately thereafter.” The appellants, who are officers of the New York Cement Company, a manufacturing corporation organized under…
2Cited by18 opinions
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- Bassett v. AtwaterSupreme Court of Connecticut · 1895
- Hiscock v. LacyNew York Supreme Court · 1894
- Granara v. Italian Catholic Cemetery Ass'nMassachusetts Supreme Judicial Court · 1914
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