People ex rel. Barney v. Whalen
New York Supreme Court
Application for a peremptory writ of mandamus to compel the Secretary of State to file a proposed certificate of incorporation.
1Opinion of the CourtBetts, J.
This is the return of an order to show cause why a peremptory writ of mandamus should not issue, directing the respondent, as Secretary of State, to file, record and index in his office the proposed certificate of 'incorporation signed by the said Charles T. Barney and two others for the incorporation of the Knickerbocker Building Company, under the Business Corporations Law.
The respondent, the Secretary of State, declines to receive and file the same because iLcontains the following provision: “ The directors may, with the consent of the holders of two-*279thirds of the capital stock issued and…
2Cases cited7 opinions
- People v. . BallardNew York Court of Appeals · 1892
- Wilson v. . Mechanical Orguinette Co.New York Court of Appeals · 1902
- People Ex Rel. Winchester v. . ColemanNew York Court of Appeals · 1892
- People Ex Rel. Blossom v. NelsonNew York Court of Appeals · 1871
- Wilson v. Æolian Co.Appellate Division of the Supreme Court of the State of New York · 1901
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3Cited by2 opinions
- Bernstein v. MosesNew York Supreme Court · 1928
- Wells v. Beekman Terrace, Inc.Appellate Division of the Supreme Court of the State of New York · 1960