Republic Corp. v. Carter

The principal issue presented for our determination is one which may be stated rather simply. May the call for a special stockholders’ meeting made by the president of the plaintiff corporation, pursuant to authority granted him by the by-laws, be cancelled by the board of directors or by his successor as president, where no such cancellation power is granted in the by-laws? Special Term determined that the meeting could be so cancelled. The defendant, the president of the corporation at the time the call was made, appeals from the order entered on such determination.

This controversy is, in…