In re the Election of Directors & of Certain Officers of the A. A. Griffing Iron Co.
Supreme Court of New Jersey
On application to set aside election of directors and officers. Upon a summary hearing, under section 42 of “An act concerning corporations (Revision of 1896)” {Pamph.L.,p. 277), the affidavits and proofs of the parties present the following pertinent facts: The A. A. Griffing Iron Company was organized February 6th, 1881, under the General Corporation act of 1875. Gen. Slat., p. 904. In the by-laws adoptéd by the stockholders it was, among other things, provided that there…
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On application to set aside election of directors and officers. Upon a summary hearing, under section 42 of “An act concerning corporations (Revision of 1896)” {Pamph.L.,p. 277), the affidavits and proofs of the parties present the following pertinent facts: The A. A. Griffing Iron Company was organized February 6th, 1881, under the General Corporation act of 1875. Gen. Slat., p. 904. In the by-laws adoptéd by the stockholders it was, among other things, provided that there should be a board of five directors, to be elected by ballot at the annual meeting in May and to hold office for one…
1Opinion of the Court
The opinion of the court was delivered by
Collins, J.
The organic law of the A. A. Griffing Iron Company subjected that corporation to the control of the legislature. Sections 14, 35. Therefore, we are now to look to the revision of 1896 of the Corporation act for its regulation. Section 1 of that statute enacts that every corporation shall have power to make by-laws fixing and altering the number of directors and providing for the management of its property and the regulation and government of its affairs. Section 2 enacts that the power to make and alter by-laws shall be in the stockholders.…
2Cases cited2 opinions
- Handley v. StutzSupreme Court of the United States · 1891
- Wickersham v. BrittanCalifornia Supreme Court · 1892
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- Toledo Traction, Light & Power Co. v. SmithDistrict Court, N.D. Ohio · 1913
- Moon v. Moon Motor Car Co.Court of Chancery of Delaware · 1930
- Burr v. Burr CorporationCourt of Chancery of Delaware · 1972
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