Schmidt v. Mitchell
Court of Appeals of Kentucky
Case 84 — PETITION EQUITY 1, The election of stockholders was not held by the cumulative system as required by section 207, of the Constitution, and was consequently illegal. There having been no definite form or manner of holding the election pointed out by the articles of corporation, that section of the Constitution and the statute passed in pursuance thereof should have been followed.
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Case 84 — PETITION EQUITY 1, The election of stockholders was not held by the cumulative system as required by section 207, of the Constitution, and was consequently illegal. There having been no definite form or manner of holding the election pointed out by the articles of corporation, that section of the Constitution and the statute passed in pursuance thereof should have been followed. Hayes v. Commonwealth, 82 Penn., 518; Cook on Stockholders, sec. 609; Pierce v. Commonwealth, 104 Penn. St., 150; Cross v. W. Va. R. R., 12 S. B. Rept., 1071; (85 W. Va., 175); R. R. Company v. Georgia, 96…
1Opinion of the Court
JUDGE Du RELLE
delivered the opinion op the court..The Oregon Gold Mining Co. was incorporated by articles filed in tbe Jefferson County Court in October, 1885, its principal place of business being Louisville, Ky. It was the owner of a gold mine in Union county, Oregon. More than half a million dollars had been invested in the stock and bonds of the corporation prior to October, 1893, but without profitable results. One mortgage of $200,000, another of $40,000 and another of $30,000 had' heen executed by the company upon its mines and property, and it had incurred a floating debt in addition.…
2Cases cited5 opinions
- The People Ex Rel. Furman v. . CluteNew York Court of Appeals · 1872
- Crabtree v. AtchisonCourt of Appeals of Kentucky · 1892
- Kelly v. ToneyCourt of Appeals of Kentucky · 1894
- Robinson v. WilliamsonCourt of Appeals of Kentucky · 1870
- Kelly v. MitchellCourt of Appeals of Kentucky · 1895
3Cited by29 opinions
- Powers v. CommonwealthCourt of Appeals of Kentucky · 1902
- Chreste v. CommonwealthCourt of Appeals of Kentucky · 1917
- White v. JouettCourt of Appeals of Kentucky · 1912
- Hutchinson v. Manchester Street RailwaySupreme Court of New Hampshire · 1905
- Tolliver v. CommonwealthCourt of Appeals of Kentucky · 1915
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