Legal Opinion

Lippman v. Kehoe Stenograph Co.

Court of Chancery of Delaware

Decided October 4, 1916PublishedCited by 17 opinions

Statement of the Case. The purpose of the bill is to permanently enjoin the sale and transfer on the books of the company of three shares of stock of the Kehoe Stenograph Company, the ownership of which shares is claimed by the complainant as the assignee thereof from Abraham M. Ackerman. The stock was advertised for sale by certain persons claiming to be officers of the company for non-payment to the company of the par value thereof.

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Statement of the Case. The purpose of the bill is to permanently enjoin the sale and transfer on the books of the company of three shares of stock of the Kehoe Stenograph Company, the ownership of which shares is claimed by the complainant as the assignee thereof from Abraham M. Ackerman. The stock was advertised for sale by certain persons claiming to be officers of the company for non-payment to the company of the par value thereof. A restraining, order enjoining the sale was made, but notwithstanding the order the shares were offered for sale, the seller being ignorant of the order, and in…

1Opinion of the Court

The Chancellor.

The right of the complainant to relief in this case depends, as will appear herein, upon whether the board of directors which elected H. C. Dunlap as president of the defendant company was the de jure board, there being two rival boards each'pretending to be the de jure board of directors, and each carrying on independently of the other the affairs of the company.

*193The differences began after the first meeting of the incorporators. The company was incorporated under the general corporation law of this State, by the filing of a certificate of incorporation dated October 9, 1913,…

2Cases cited2 opinions

  1. Lippman v. Kehoe Stenograph Co.Court of Chancery of Delaware · 1915
  2. Allen v. StewartCourt of Chancery of Delaware · 1895

3Cited by17 opinions

  1. Drug, Inc. v. HuntSupreme Court of Delaware · 1933
  2. Dillon v. BergDistrict Court, D. Delaware · 1971
  3. Gow v. Consolidated Coppermines Corp.Court of Chancery of Delaware · 1933
  4. Spoturno v. WoodsSupreme Court of Delaware · 1937
  5. In re Canal Constuction Co.Court of Chancery of Delaware · 1936

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