Auer v. Dressel
New York Court of Appeals
1Opinion of the CourtDesmond, J.
This article 78 of the Civil Practice Act proceeding was brought by class A stockholders of appellant R. Hoe & Co., Inc., for an order in the nature of mandamus to compel the president of Hoe to comply with a positive duty imposed on him by the corporation’s by-laws. Section 2 of article I of those by-laws says that “ It shall be the duty of the President to call a special meeting whenever requested in writing so to do, by stockholders owning a majority of the capital stock entitled to vote at such meeting ”. On October 16, 1953, petitioners submitted to the president written requests for a…
2Cases cited10 opinions
- Rogers v. HillSupreme Court of the United States · 1933
- The People Ex Rel. Kelly v. . Common CouncilNew York Court of Appeals · 1879
- People Ex Rel. Manice v. . PowellNew York Court of Appeals · 1911
- Matter of Ackerman v. KernNew York Court of Appeals · 1939
- People ex rel. Joseph Fallert Brewing Co. v. LymanAppellate Division of the Supreme Court of the State of New York · 1900
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3Cited by31 opinions
- Gertler v. GoodgoldAppellate Division of the Supreme Court of the State of New York · 1985
- Gray v. Canisius CollegeAppellate Division of the Supreme Court of the State of New York · 1980
- State Division of Human Rights v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 1982
- Caso v. New York State Public High School Athletic Ass'nAppellate Division of the Supreme Court of the State of New York · 1980
- In re the Election of Directors of R. Hoe & Co.New York Supreme Court · 1954
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