In re Barker
New York Supreme Court
An election of directors of the Mercantile Insurance Company of New-York was holden on the 10th January, 1831. Jacob Barker demanded to vote on 1290 shares of stock standing in his name on the books of the company, 1255 in his own right, and 35 as trustee for his minor children. His vote was challenged, and the challenge allowed by the inspectors.
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An election of directors of the Mercantile Insurance Company of New-York was holden on the 10th January, 1831. Jacob Barker demanded to vote on 1290 shares of stock standing in his name on the books of the company, 1255 in his own right, and 35 as trustee for his minor children. His vote was challenged, and the challenge allowed by the inspectors. Had he been permitted to vote on the whole number of shares standing in his name, Samuel Hazard, and six other persons named in the proceedings, who the inspectors certified were duly elected, would not have been elected, but seven other persons,…
1Opinion of the Court
*510 JBy the Court,
Savage, Ch. J.
In the case Ex parte Holmes, 5 Cowen, 426, we set aside an election of directors of an insurance company, because a trustee had been allowed to vote upon stock belonging to the company; not because a trustee had been permitted to vote instead of the cestui que trust, but for the reason that the stock in that case could not be voted upon, it being the property of the company, controlled by its officers; and we held, that neither within the meaning of the charter of the company, nor of the act under which the proceedings were had, could it be tolerated, that the…
2Cited by17 opinions
- Smith v. San Francisco & North Pacific Railway Co.California Supreme Court · 1897
- Brewster v. HartleyCalifornia Supreme Court · 1869
- In re the election of Directors of the Mohawk & Hudson RailroadNew York Supreme Court · 1838
- In re the Election of Directors of the Argus Printing Co.North Dakota Supreme Court · 1891
- Speiser v. BakerCourt of Chancery of Delaware · 1987
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