Cumberland Bank & Trust Co. v. French

Cumberland Bank & Trust Company, Inc., one of appellants, is a banking institution, the charter of which permits cumulative voting. The appellee, G. Mark French, contends that at the annual meeting of stockholders held January 25, 1946, he was elected a director for 1946. He filed his petition for a writ of mandamus against the bank and the other appellants, who claim to have been elected directors at the same meeting, to compel them to admit him as a director for the year 1946. The appellants demurred to the petition and filed their answer. The answer averred that as a result of the voting…