Legal Opinion

Raub v. Gerken

Appellate Division of the Supreme Court of the State of New York

Decided June 5, 1908PublishedCited by 9 opinions

Appeal by the' plaintiff, Herman Báub, from'an order of the Supreme Court, made at the Kings County Special' Term' and entered in the office of the clerk of the county of Kings on the 12tli day of .November, 1907. ■

1Opinion of the Court

Hooker, J.:

This appeal from an order denying the plaintiff’s motion to make permanent ah injunction order pendente lite restraining-the individual defendants, plaintiff’s codirectors in ’ the defendant corporation, from depriving plaintiff of his position as a director -of the. corporation,-and from interfering with-him to prevent.-his performing bis duties-.as such director, squarely brings up for decision, the question of law whether the plaintiff’s fellow-directors have the power to enact the by-law in question and ■ expel the plaintiff as such-director. Becourse is justly had to the…

2Cases cited3 opinions

  1. People Ex Rel. Johnson v. New York Produce ExchangeNew York Court of Appeals · 1896
  2. People ex rel. Muir v. ThroopNew York Supreme Court · 1834
  3. Laughlin v. GeerAppellate Court of Illinois · 1905

3Cited by9 opinions

  1. Bruch v. National Guarantee Credit Corp.Court of Chancery of Delaware · 1922
  2. Vernon Manor Co-operative Apartments, Section I, Inc. v. Salatino, New York County Courts1958
  3. In re KorffAppellate Division of the Supreme Court of the State of New York · 1921
  4. Fox v. CodyNew York Supreme Court · 1930
  5. Holmes v. United Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1955

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