In re Union Insurance
New York Supreme Court
Corporation election. The Union Insurance Company . was incorporated in 1818; its charter was amended in 1=819, and was extended in 1837. Statutes of 1818, p. 63 ; 1819, p. 130; 1837, p. 110. At the annual election for twenty-three directors of the company, held on the 13th day of January last, some of the stockholders voted for the whole number of persons to be chosen directors; others voted for only twenty-two, and some Voted for a less number.
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Corporation election. The Union Insurance Company . was incorporated in 1818; its charter was amended in 1=819, and was extended in 1837. Statutes of 1818, p. 63 ; 1819, p. 130; 1837, p. 110. At the annual election for twenty-three directors of the company, held on the 13th day of January last, some of the stockholders voted for the whole number of persons to be chosen directors; others voted for only twenty-two, and some Voted for a less number. On canvassing the votes, it was found that John Ferguson and others, in all twenty-two persons, had a plurality of votes, and that fifteen other…
1Opinion of the Court
After advisement, the following opinion was delivered by Mr. Justice Bronson, which was concurred in by the other judges.
*599At the annual election in January, some of the ballots contained the names of less than twenty-three persons for directors, and it is said that those ballots were void. No authority was cited in support of this position, and both the law and the reason of the thing are the other way. When an elector or stockholder wholly omits to vote, he virtually consents that the election shall be made by those who choose to exercise the privilege, and he cannot afterwards object that…
2Cases cited4 opinions
- In re the election of Directors of the Long Island RailroadNew York Supreme Court · 1837
- Ex parte DesdoityNew York Supreme Court · 1828
- People ex rel. Platner v. JonesNew York Supreme Court · 1837
- People ex rel. Morris v. AdamsNew York Supreme Court · 1832
3Cited by16 opinions
- Buell v. Buckingham & Co.Supreme Court of Iowa · 1864
- Porter v. Lassen County Land & Cattle Co.California Supreme Court · 1899
- Gumaer v. Cripple Creek Tunnel, Transportation & Mining Co.Supreme Court of Colorado · 1907
- People ex rel. Flint v. HarringtonCalifornia Supreme Court · 1883
- Sylvania Girard Railroad Co. v. HogeSupreme Court of Georgia · 1907
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