Legal Opinion

Lutz v. Webster

Supreme Court of Pennsylvania

Decided April 19, 1915No. Appeal, No. 393PublishedCited by 18 opinions

Appeal, No. 393, Jan. ,T., 1914, by defendant, from, decree of C. P. No. 5,- Philadelphia Co., Dec. T., 1913, No. 4562, in case of William H. Lutz v. Paul W. Webster, Joseph Hill Brinton and the Lutz-Webster Engineering Company. Bill in equity praying the court to decree, the holding of a stockholders’ meeting of a-corporation. Before Ralston, J. . The opinion of the Supreme Court states, the case.

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Appeal, No. 393, Jan. ,T., 1914, by defendant, from, decree of C. P. No. 5,- Philadelphia Co., Dec. T., 1913, No. 4562, in case of William H. Lutz v. Paul W. Webster, Joseph Hill Brinton and the Lutz-Webster Engineering Company. Bill in equity praying the court to decree, the holding of a stockholders’ meeting of a-corporation. Before Ralston, J. . The opinion of the Supreme Court states, the case. The court made a decree, providing for the holding of a meeting of the stockholders of the defendant corporation. Defendants appealed. Errors assigned were in dismissing exceptions to the…

1Opinion of the Court

Opinion by

Mr. Justice Elkin,

The defendant corporation has not held a meeting of stockholders for the election of directors since March 12, 1912, and as disclosed by this record no corporate meeting is likely to be held unless some such relief is afforded as that prayed for in the present bill. The controversy grows out of a by-law of the corporation which requires four-fifths of the capital stock to be represented either in person or by proxy to constitute a quorum for the transaction of business at a stockholders’ meeting. There are 1,400 shares of capital stock issued and outstanding and…

2Cases cited1 opinion

  1. Commonwealth v. VandegriftSupreme Court of Pennsylvania · 1911

3Cited by18 opinions

  1. Cella v. DavidsonSupreme Court of Pennsylvania · 1931
  2. Steinberg v. American Bantam Car Co.District Court, W.D. Pennsylvania · 1948
  3. Textron, Inc. v. American Woolen Co.District Court, D. Massachusetts · 1954
  4. Duffy v. Loft Inc.Court of Chancery of Delaware · 1930
  5. Commonwealth Ex Rel. Laughlin v. GreenSupreme Court of Pennsylvania · 1944

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