Legal Opinion
People ex rel. Barney v. Whalen
Appellate Division of the Supreme Court of the State of New York
Decided May 8, 1907PublishedCited by 5 opinions
Appeal by the relator, Charles T. Barney, 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 -23d day of February, 1907, denying the relator’s motion for a peremptory writ of mandamus.,'
1Opinion of the Court
Chester,. J.:
■ The order appealed from, denies the application of. the relator for a peremptory writ of mandamus requiring the respondent to file in his office a certificate of incorporation. The secretary refused to file the certificate because there was contained therein the following clause:
" The directors may, with the consent of the holders of two-tliirds of the capital stock, issued and outstanding, sell, assign, transfer or otherwise dispose of, the whole of the property of the corporation,. not including franchises, to any person or corporation, domestic or" foreign.”
■The respondent,…
2Cases cited1 opinion
- People Ex Rel. Blossom v. NelsonNew York Court of Appeals · 1871
3Cited by5 opinions
- Bernstein v. MosesNew York Supreme Court · 1928
- Bodell v. GhezziAppellate Division of the Supreme Court of the State of New York · 1975
- Wells v. Beekman Terrace, Inc.Appellate Division of the Supreme Court of the State of New York · 1960
- Proctor v. WatsonNew York Supreme Court · 1956
- Ripin v. United States Woven Label Co.New York Supreme Court · 1911