Legal Opinion · Dissent

Paine v. Saulsbury

Michigan Supreme Court

Decided March 27, 1918No. Docket No. 50Published

Appeal from Houghton; O’Brien, J. Petition by William A. Paine and others for the dissolution of a mining corporation. From a decree for petitioners, Willard É. Saulsbury and another, minority stockholders, appeal.

1Dissent

I do not agree with the conclusion reached by Mr. Justice BIRD in this case. As I conclude that the decree appealed from should be modified and affirmed it becomes necessary to notice the legal objections made to it. These objections are two and only two in number:

First. That a solvent corporation may not be dissolved under this statute.

Second. That these proceedings must fail because a majority of the Trimountain board of directors are also directors of the Copper Range.

I think it unnecessary that we decide the frequently mooted question of whether a court of equity has the inherent power,…

2Cases cited12 opinions

  1. Theis v. Spokane Falls Gas Light Co.Washington Supreme Court · 1904
  2. White v. . KincaidSupreme Court of North Carolina · 1908
  3. Hitch v. . HawleyNew York Court of Appeals · 1892
  4. Bowditch v. Jackson Co.Supreme Court of New Hampshire · 1912
  5. Kean v. JohnsonNew Jersey Court of Chancery · 1853

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