State Ex Rel. David v. Dailey

This case arose out of a struggle for the control of Pine-Creek Lead, Zinc Mining Company, a corporation. It appears that, for sometime prior to September 20, 1943, the corporation had been controlled by Peter David, a majority stockholder. At an annual meeting held on that day, minority stockholders attempted to elect a member of the board of directors by employing cumulative voting, with the result that thereafter two sets of officers claimed to be in control. This resulted in great confusion in the affairs of the company. On March 10, 1944, Peter David (since deceased) and others, as…