Legal Opinion

Gilchrist v. Collopy

Court of Appeals of Kentucky

Decided November 18, 1904Published

Case 14 — Action by Patrick J. Collopy and Others Against Thomas Gilchrist and .Others por an Injunction to Prevent the Defendants from acting as Directors of a Corporation. APPEAL FROM KENTON CIRCUIT COURT — WM. MUD. S'HAW, CIRCUIT JUDGE. Judgment for Plaintiffs and Defendants Appeal. We maintain that appellees do not state a cause of action against appellants: 1. Because therq was no meeting of the stockholders and therefore no election of directors.

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Case 14 — Action by Patrick J. Collopy and Others Against Thomas Gilchrist and .Others por an Injunction to Prevent the Defendants from acting as Directors of a Corporation. APPEAL FROM KENTON CIRCUIT COURT — WM. MUD. S'HAW, CIRCUIT JUDGE. Judgment for Plaintiffs and Defendants Appeal. We maintain that appellees do not state a cause of action against appellants: 1. Because therq was no meeting of the stockholders and therefore no election of directors. (a) The petition shows that all the stock in the bridge company is owned in equal amounts hy the cities of Covington and Newport. (b)…

1Opinion of the Court

Opinion of tiif court by

JUDGE BARKER

Affirming.

The Newport & Covington Bridge Company owns and operates a bridge over the Licking river, connecting the two cities of Newport and Covington. The stock of the corporation consists of 1,000 shares of the par value of $25 each, the whole owned by the two municipal eoporations. equally. By the charter, the affairs of the corporation are to be managed by five directors, chosen annually by the shareholders on the first Monday in June. There seems to have been a working agreement between the cities that in alternate years one should elect three, and the…

2Cases cited5 opinions

  1. Morrill v. Little Falls Manufacturing Co.Supreme Court of Minnesota · 1893
  2. Schmidt v. MitchellCourt of Appeals of Kentucky · 1897
  3. Brown v. Pacific Mall Steamship Co.U.S. Circuit Court for the District of Southern New York · 1867
  4. Procter Coal Co. v. FinleyCourt of Appeals of Kentucky · 1895
  5. Kelly v. MitchellCourt of Appeals of Kentucky · 1895

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