Abbot v. American Hard Rubber Co.
New York Supreme Court
THIS was an appeal from, an order made at a special term, continuing the injunction, and appointing a receiver, in the action.
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THIS was an appeal from, an order made at a special term, continuing the injunction, and appointing a receiver, in the action. The action was brought by the plaintiff, a stockholder of the American Hard Rubber Company—a corporation created for manufacturing purposes under the laws of the state of Connecticut.—on behalf of himself and of all other stockholders of said company, for the purpose of having a certain transfer of its property to Poppenhusen, Konig and . Funcke, declared fraudulent and void; for an injunction to restrain the defendants from intermeddling with the property so…
1Opinion of the CourtSutherland, J.
“ I think the sale and transfer by the four directors, Judson, Ropes, Horton and Henry B. Goodyear, to Poppenhusen, Konig and Funcke, of the entire prop*581erty of the company, except its real estate, with its machinery and fixtures, was void as to the plaintiff and such other stockholders as did not consent to or authorize the sale. I do not think that it appears that a majority of the stockholders did in fact authorize the sale; but had the sale been authorized by a majority of the stockholders, or by stockholders representing a majority of the stock, I think it would have been void as to the…
2Cases cited7 opinions
- Slee v. BloomNew York Supreme Court · 1822
- Van Epps v. Van EppsNew York Court of Chancery · 1841
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- Propper v. ColsonSupreme Court of New Jersey · 1916
- New Orleans, Jackson, & Great Northern Railroad v. HarrisMississippi Supreme Court · 1854
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3Cited by65 opinions
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- Matter of TimmisNew York Court of Appeals · 1910
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- Harding v. American Glucose Co.Illinois Supreme Court · 1899
- Newcomb v. BrooksWest Virginia Supreme Court · 1879
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