In re a Majority of Board of Directors of Automatic Chain Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by Elwood Grissinger, a stockholder of the Automatic Chain Company, from an order of the Supreme Court, made at the Erie Special Term and entered in >-the office of the clerk of the county of Erie on the 18th day of March, 1909, which vacated and set aside an order dissolving said corporation, made November 10,1908, upon the petition of a majority of the directors of the company and the proceedings thereafter had on the ground that the corporation was insolvent, etc.
Read the full summary
Appeal by Elwood Grissinger, a stockholder of the Automatic Chain Company, from an order of the Supreme Court, made at the Erie Special Term and entered in >-the office of the clerk of the county of Erie on the 18th day of March, 1909, which vacated and set aside an order dissolving said corporation, made November 10,1908, upon the petition of a majority of the directors of the company and the proceedings thereafter had on the ground that the corporation was insolvent, etc. It also directed discontinuance of the dissolution proceedings, declared the corporation to be in existence the same as…
1Opinion of the Court
Robson, J.:
It does not seem to be urged by respondent on this appeal and the order from which this appeal is taken is not based upon the fact that there was any fraud or irregularity in the proceedings which resulted in the order of dissolution of the corporation. Appellant urges that in the absence of fraud, mistake, inadvertence or irregularity in those proceedings the court had no power to vacate the final order of dissolution. This position of appellant involves an answer to this question: Has the Supreme Court of the State of New York the same power over its order dissolving a…
2Cases cited6 opinions
- Ladd v. . StevensonNew York Court of Appeals · 1889
- In Matter of City of BuffaloNew York Court of Appeals · 1879
- Gould v. MortimerNew York Supreme Court · 1863
- Sullivan County Railroad v. Connecticut River Lumber Co.Supreme Court of Connecticut · 1904
- In Re One of the Two Trustees of the Peekamose Fishing ClubNew York Court of Appeals · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Kollmeyer Ex Rel. Kollmeyer v. WillisMissouri Court of Appeals · 1966
- Manahan v. Petroleum Producing & Refining Co.Appellate Division of the Supreme Court of the State of New York · 1921
- Flanson Realty Corp. v. Workers' Unity House, Inc.Appellate Division of the Supreme Court of the State of New York · 1930
- Pagano v. ArnsteinNew York Court of Appeals · 1944
- Johnson v. JohnsonNew York Supreme Court · 1950
11 more not listed; retrieve them via the Exa API.