Consolidated Kansas City Smelting & Refining Co. v. Secretary of State
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioner, the Consolidated Kansas City Smelting and Refining Company, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 10th day of October, 1896, denying its application for a peremptory writ of mandamus to compel the Secretary of State to receive a certificate of increase of its capital stock. ■ The appellant, the Consolidated Kansas City Smelting and Refining Company,…
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Appeal by the petitioner, the Consolidated Kansas City Smelting and Refining Company, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 10th day of October, 1896, denying its application for a peremptory writ of mandamus to compel the Secretary of State to receive a certificate of increase of its capital stock. ■ The appellant, the Consolidated Kansas City Smelting and Refining Company, was incorporated in the year 1887 under the Manufacturing Act of 1848,. the- amount of its capital being $2,000,000.…
1Opinion of the Court
Putnam, J.:
The appellant, in June, 1896, was a domestic corporation under the Manufacturing Act of 1848 with a capital of $4,500,000. Its certificate of incorporation provided :
“ 1. The corporate name of the said company is to be ‘ Consolidated Kansas City Smelting and Refining Company.’
“ 2. The objects for which the said company is to be formed are to carry on the business of manufacturing silver, gold, lead and other mineral ores into refined and reduced forms thereof, and, as part of such manufacture, to smelt and refine silver, lead and other ores.”
At that time, at a meeting of the…
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