Ripin v. United States Woven Label Co.
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 9, 1911, which affirmed an order of Special Term granting a motion for an injunction pendente lite to restrain the defendants from holding or causing to be held any election for an additional director of the defendant United States Woven Label Company. The facts, so far as material, and the questions certified are stated in the opinion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 9, 1911, which affirmed an order of Special Term granting a motion for an injunction pendente lite to restrain the defendants from holding or causing to be held any election for an additional director of the defendant United States Woven Label Company. The facts, so far as material, and the questions certified are stated in the opinion. The provision in the certificate of incorporation prohibiting a change in the number of directors except by the unanimous consent…
1Opinion of the Court
Cullen, Ch. J.
The action was brought to restrain an increase in the number of the directors of the United States Woven Label Company. That defendant was incorporated under the Business Corporations Law of this state (Laws 1890,. ch. 561; amended Laws 1895, chap. 611), and in the certificate of incorporation filed by the corporators it was provided: “The number of its directors is to be four (4); said directors shall not be required to be stockholders of said corporation; and said number shall not be changed, except by the unanimous consent of all the stockholders of said corporation.”…
2Cases cited8 opinions
- Driscoll v. . West Bradley C.M. Co.New York Court of Appeals · 1874
- Leggett v. . the Bank of Sing SingNew York Court of Appeals · 1862
- In re the Appraisal of the Estate of WilletsAppellate Division of the Supreme Court of the State of New York · 1907
- Gibbs v. Long Island BankNew York Supreme Court · 1894
- In re the Election of Directors of the Rapid Transit Ferry Co.Appellate Division of the Supreme Court of the State of New York · 1897
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3Cited by22 opinions
- Donahue v. Rodd Electrotype Co. of New England, Inc.Massachusetts Supreme Judicial Court · 1975
- Clark v. DodgeNew York Court of Appeals · 1936
- Ripley v. StorerNew York Court of Appeals · 1956
- Benintendi v. Kenton Hotel, Inc.New York Court of Appeals · 1945
- Longyear v. HardmanMassachusetts Supreme Judicial Court · 1914
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