Legal Opinion

Bassett v. Atwater

Supreme Court of Connecticut

Decided January 8, 1895PublishedCited by 37 opinions

Application for an alternative writ of mandamus requiring the respondents to call a meeting of the stockholders of the Derby Rubber Companjr; brought to the Superior Court in New Haven County and tried to the court, Prentice, J., upon respondents’ motion to quash the writ; the court granted the motion and the petitioners appealed for alleged errors in the rulings of the court. The case is sufficiently stated in the opinion.

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Application for an alternative writ of mandamus requiring the respondents to call a meeting of the stockholders of the Derby Rubber Companjr; brought to the Superior Court in New Haven County and tried to the court, Prentice, J., upon respondents’ motion to quash the writ; the court granted the motion and the petitioners appealed for alleged errors in the rulings of the court. The case is sufficiently stated in the opinion. The writ of mandamus is an appropriate remedy to enforce the performance by the officers of a joint stock corporation of their ministerial duty to call a special…

1Opinion of the CourtAndrews, C. J.

The plaintiffs are the owners and holders of more than two hundred shares — indeed of a majority of all the shares — of the capital stock of the Derby Rubber Company, a joint stock corporation formed under the laws of this State and located at Derby. The defendant William C. Atwater is the president, and William F. Askam is the secretary, of said corporation. One of the by-laws, the 6th, of said corporation, provides in respect to annual meetings that: “ A written or printed notice of such annual meeting, and also of each special meeting of said corporation, specifying the place, day and hour…

2Cases cited11 opinions

  1. McCullough v. Mayor of BrooklynNew York Supreme Court · 1840
  2. American Casualty Insurance & Security Co. v. FylerSupreme Court of Connecticut · 1891
  3. Fremont v. CrippenCalifornia Supreme Court · 1858
  4. Hull v. SupervisorsNew York Supreme Court · 1821
  5. McDermott v. Board of Police for Metropolitan Police DistrictNew York Supreme Court · 1857

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3Cited by37 opinions

  1. State Ex Rel. Foote v. BartholomewSupreme Court of Connecticut · 1925
  2. Sentner v. Board of Trustees of Regional Community CollegesSupreme Court of Connecticut · 1981
  3. Joseph v. Passaic Hospital Ass'n.Supreme Court of New Jersey · 1958
  4. P. X. Restaurant, Inc. v. Town of WindsorSupreme Court of Connecticut · 1983
  5. Milford Education Assn. v. Board of EducationSupreme Court of Connecticut · 1975

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