Ex parte Willocks
New York Supreme Court
D. B. Ocden, for the relators, moved to vacate the electi°n °f directors for the Utica Insurance Company, held the 3d of July last.
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D. B. Ocden, for the relators, moved to vacate the electi°n °f directors for the Utica Insurance Company, held the 3d of July last. The company was incorporated by the statute, (sess. 39, ch. 52.) He read affidavits, that shortly before the election, at a meeting purporting to be a meeting of the president and directors of the company, but at which no one was present beside the president and one of the directors, the president being also a director, they appointed themselves and another of the directors inspectors of, and these three presided at the election. That in the month of January,…
1Opinion of the Court
Curia.
The affidavits in this case are very voluminous; and disclose the utmost fairness throughout the proceedings in question. The result probably accords with the wishes of those holding a decided majority of the votes. But these are considerations to which we cannot advert, if there be lawful ground, however strict and technical, for saying the election was irregular. True, by the 9th section of the act of 1825, we- are to make such order and give such relief as right and justice may appear to require. But we cannot pronounce on this right and justice arbitrarily. The statute means the…
2Cited by21 opinions
- Buell v. Buckingham & Co.Supreme Court of Iowa · 1864
- Smith v. San Francisco & North Pacific Railway Co.California Supreme Court · 1897
- Morrill v. Little Falls Manufacturing Co.Supreme Court of Minnesota · 1893
- In re the Election of Directors of the Argus Printing Co.North Dakota Supreme Court · 1891
- People ex rel. Haws v. WalkerNew York Supreme Court · 1856
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