People ex rel. Thorn v. Pangburn
Appellate Division of the Supreme Court of the State of New York
Proceedings in the nature of quo warranto on the relation of -Oscar Thorn against Jeremiah Pangburn, Jr., to determine the right to the office of secretary of the Retail Coal Exchange of the •city of New York, a domestic corporation. There was a judgment of ouster against the defendant, and he appeals.
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Proceedings in the nature of quo warranto on the relation of -Oscar Thorn against Jeremiah Pangburn, Jr., to determine the right to the office of secretary of the Retail Coal Exchange of the •city of New York, a domestic corporation. There was a judgment of ouster against the defendant, and he appeals. The Retail Coal Exchange of this city is a corporation duly organized under the laws of the state of New York, having, among •other officers, a seoretary, who, according to the by-laws, is to be -elected annually at the first meeting in December of each year, which election is to be by ballot.…
1Opinion of the CourtO’Brien, J.
It is not disputed but that, if these two ballots were defective, the ruling of the chairman that there had been no-election for secretary was right, because, in that event, neither of the candidates had received a majority vote of the members present and voting, as required by the by-laws. The crucial question,, therefore, is, were these ballots defective ?
The respondent contends that they were not, and in support of such contention cites the case of People v. Saxton, 22 N. Y. 310, which was followed in People v. Love, 63 Barb. 535. In the Saxton Case, there were three candidates for the…
2Cases cited1 opinion
- People ex rel. Gregory v. LoveNew York Supreme Court · 1872