Legal Opinion

San Buenaventura Commercial Mining & Manufacturing Co. v. Vassault

California Supreme Court

Decided July 1, 1875No. 4788PublishedCited by 15 opinions

Appeal from the District Court, Nineteenth Judicial District, City and County of San Francisco. The San Buenaventura Commercial Mining and Manufacturing Company was a corporation organized in 1866. The 12th article of its by-laws was as follows: “The annual meetings of the stockholders shall be held on the third Monday in April, at the office of the company in San Francisco.

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Appeal from the District Court, Nineteenth Judicial District, City and County of San Francisco. The San Buenaventura Commercial Mining and Manufacturing Company was a corporation organized in 1866. The 12th article of its by-laws was as follows: “The annual meetings of the stockholders shall be held on the third Monday in April, at the office of the company in San Francisco. “All meetings of stockholders shall be called by the president and secretary, by publishing a notice for ten (10) days, Sundays included, in a daily newspaper printed and published in San Francisco, and mailing in the…

1Opinion of the Court

By the Court:

The general question to be determined concerns the validity of the election of Yassault and others as members of the board of trustees of the corporation plaintiff. Several minor questions, supposed to affect the principal question stated, were made at bar. It is claimed that the by-laws of the corporation do not provide for an annual meeting at which less than a majority of the entire stock is *537represented, and that such a by-law, even if attempted, is not authorized by the statute. The views we entertain as to the necessity of notice, and the sufficiency of the notice under…

2Cited by15 opinions

  1. Hill v. Rich Hill Coal Mining Co.Supreme Court of Missouri · 1893
  2. Barreiro v. Bank of Italy National Trust & Savings Ass'nCalifornia Court of Appeal · 1932
  3. Richman v. Bank of PerrisCalifornia Court of Appeal · 1929
  4. Smith v. DornCalifornia Supreme Court · 1892
  5. Thompson v. WilliamsCalifornia Supreme Court · 1888

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