Millspaugh v. Cassedy
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, William F. Cassedy, as trustee, and others, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Rockland on the 24th day of October, 1918, upon the decision of the court rendered after a trial at the Rockland County Special Term.
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Appeal by the defendants, William F. Cassedy, as trustee, and others, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Rockland on the 24th day of October, 1918, upon the decision of the court rendered after a trial at the Rockland County Special Term. The judgment appealed from decreed that the certificate of incorporation of the defendant corporation be so amended as to provide that the preferred stock shall not be entitled to any vote at stockholders’ meetings, and directing that a meeting of all the stockholders be held…
1Opinion of the Court
Kelly, J.:
This suit was commenced in March, 1918, and was in equity to reform the articles of incorporation of the Higginson Manufacturing Company, a business corporation organized in November, 1898. There is no material dispute as to the facts, the appellants contending that the court was without power to decree reformation at the suit of the plaintiffs; that if a mistake was made in omitting the limitations upon the voting power of the preferred stock, which, however, the appellants do not concede, it was a mistake of law from the effects of which equity will not relieve; that the holders…
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