Ex parte Desdoity
New York Supreme Court
Application to set aside the election of thirteen persons chosen directors of the Protection Fire Insurance Company, jn the city of N. Y., on the 16th June last, and to declare thirteen others duly elected directors of the company. The stock °f the company consists of 8000 shares, of which only 1788 are outstanding, the residue being owned by the company.
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Application to set aside the election of thirteen persons chosen directors of the Protection Fire Insurance Company, jn the city of N. Y., on the 16th June last, and to declare thirteen others duly elected directors of the company. The stock °f the company consists of 8000 shares, of which only 1788 are outstanding, the residue being owned by the company. At J c j the election, one of the officers of the company voted upon 751 shares of the stock belonging to the company, for the persons w*lose election.is sought to be vacated, which gave them a majority of the votes; otherwise, thirteen…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The court are satisfied, that thirteen of the persons returned as duly elected, were elected by an illegal vote; and that the relators in this case had a great majority of the votes upon the outstanding stock of the company, and consequently were duly elected directors. The court cannot perceive the use of a new election; they, therefore, vacate and set aside the election of the thirteen persons, whose election depended on the vote upon the 751 shares of company stock, and declare the others duly elected directors of the company.
2Cited by8 opinions
- In re the Election of Directors of the Argus Printing Co.North Dakota Supreme Court · 1891
- In re Union InsuranceNew York Supreme Court · 1840
- O'Connor v. International Silver Co.New Jersey Court of Chancery · 1904
- Smith v. PoorSupreme Judicial Court of Maine · 1885
- In re the Election of Directors of the St. Lawrence Steamboat Co.Supreme Court of New Jersey · 1882
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