Legal Opinion

Auer v. Dressel

New York Court of Appeals

Decided March 12, 1954PublishedCited by 31 opinions

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

  1. Rogers v. HillSupreme Court of the United States · 1933
  2. The People Ex Rel. Kelly v. . Common CouncilNew York Court of Appeals · 1879
  3. People Ex Rel. Manice v. . PowellNew York Court of Appeals · 1911
  4. Matter of Ackerman v. KernNew York Court of Appeals · 1939
  5. 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

  1. Gertler v. GoodgoldAppellate Division of the Supreme Court of the State of New York · 1985
  2. Gray v. Canisius CollegeAppellate Division of the Supreme Court of the State of New York · 1980
  3. 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
  4. Caso v. New York State Public High School Athletic Ass'nAppellate Division of the Supreme Court of the State of New York · 1980
  5. In re the Election of Directors of R. Hoe & Co.New York Supreme Court · 1954

26 more not listed; retrieve them via the Exa API.

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