Legal Opinion

In re the Excelsior Fire Insurance

New York Supreme Court

Decided August 15, 1862PublishedCited by 3 opinions

Proceedings under the statute of elections in moneyed corporations. I. August, 1862.—Application, to set aside an election of directors by an insurance company. This proceeding was instituted on the. petition of Christian S. Delavan, a stockholder and former director of the Excelsior Eire Insurance Company.

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Proceedings under the statute of elections in moneyed corporations. I. August, 1862.—Application, to set aside an election of directors by an insurance company. This proceeding was instituted on the. petition of Christian S. Delavan, a stockholder and former director of the Excelsior Eire Insurance Company. The company was organized in 1853. Its charter contained a provision that the rights, powers, . and privileges, now or hereafter conferred by law on this company, were vested in and to be executed by a board of directors, consisting of forty persons. In April, 1862, an act of the…

1Opinion of the CourtClerke, J.

The charter of this company expressly prescribes the place and day when the election for directors shall take place, and adds that the board of directors shall cause public notice of the time and place of holding each election to be published each day for one week preceding such election in one or more daily papers printed in the city of Hew York. The case to which the counsel for the petitioner refers has no application to the circumstances of the present case. In that case, the charter declared that the election should be conducted in the manner prescribed in the by-laws; and the by-laws…

2Cases cited5 opinions

  1. McCullough v. MossCourt for the Trial of Impeachments and Correction of Errors · 1846
  2. In re the election of Directors of the Long Island RailroadNew York Supreme Court · 1837
  3. In re the election of Directors of the Mohawk & Hudson RailroadNew York Supreme Court · 1838
  4. In re Union InsuranceNew York Supreme Court · 1840
  5. Wildy v. WashburnNew York Supreme Court · 1819

3Cited by3 opinions

  1. Metropolitan Elevated Railway Co. v. Manhattan Elevated Railway Co.New York Court of Common Pleas · 1884
  2. Wright v. CommonwealthSupreme Court of Pennsylvania · 1885
  3. Potter v. PateeMissouri Court of Appeals · 1973

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