French v. New York Mercantile Exchange
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Walter G. French, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 30th day of September, 1902, upon the decision of the court, rendered after a trial at the New York Special Term, dismissing the complaint upon the merits.
1Opinion of the Court
Laughlin, J.:
This is a suit in equity to have an amendment to one of the by-laws of the defendant declared null and void and to enjoin the defendant from taking any action pursuant to the provisions thereof. The preliminary steps required previous to bringing the amendment to a vote at a meeting of the stockholders were duly taken and had, and it was duly adopted by the necessary vote at a meeting of the stockholders duly convened for that purpose on the 28th day of *132December, 1900. The only question presented is whether the corporation had power to enact the amendment.
At the time of the…
2Cases cited2 opinions
- Consider Parish v. New York Produce ExchangeNew York Court of Appeals · 1901
- Parish v. New York Produce ExchangeAppellate Division of the Supreme Court of the State of New York · 1901