In re the election of Directors of the Mohawk & Hudson Railroad
New York Supreme Court
Application to set aside an election of directors. An election was held, pursuant to notice, for the choice of directors of the Mohawk and Hudson Rail Road Company, on the 13th day of June last. There were opposing tickets, one headed by G. M. Davison, and the other by S. Glover. The stock of the company consists of 10,000 shares, each share being entitled to a vote.
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Application to set aside an election of directors. An election was held, pursuant to notice, for the choice of directors of the Mohawk and Hudson Rail Road Company, on the 13th day of June last. There were opposing tickets, one headed by G. M. Davison, and the other by S. Glover. The stock of the company consists of 10,000 shares, each share being entitled to a vote. Seven thousand votes were given in and received by the inspectors of the election, and the ticket headed G. M. Davison was declared to be elected by a majority of 566 votes. Application is now made to set aside»the election on…
1Opinion of the Court
*139 By the Court,
Cowen, J.
The only inquiry of any considerable difficulty in this case, respects the length we are warranted to go in ascertaining the title of the inspectors. The charter of incorporation does not expressly provide for inspectors, but I think we are to take it as conceded that such officers had been made necessary by a by-law of the company. The directors have power to provide for the appointment of such officers, under the general authority in their charter to prescribe by-laws, rules and regulations touching the election of directors.” Statutes of 1826, p. 287, § 6. The…
2Cases cited4 opinions
- United States v. KirkpatrickSupreme Court of the United States · 1824
- The PalmyraSupreme Court of the United States · 1827
- In re BarkerNew York Supreme Court · 1831
- Bank of the Northern Liberties v. CressonSupreme Court of Pennsylvania · 1825
3Cited by29 opinions
- The People v. . CookNew York Court of Appeals · 1853
- Dishon v. SmithSupreme Court of Iowa · 1859
- Merritt v. . Village of PortchesterNew York Court of Appeals · 1877
- People v. CookNew York Supreme Court · 1852
- Taylor v. TaylorSupreme Court of Minnesota · 1865
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