Lord v. Equitable Life Assurance Society of the United States
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered May 12, 1908, which affirmed an interlocutory judgment of Special Term sustaining a demurrer to the complaint.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered May 12, 1908, which affirmed an interlocutory judgment of Special Term sustaining a demurrer to the complaint. The following question was certified : “ Does the complaint in this action, consisting of the amended complaint and the supplemental complaint, set forth a cause of action against the defendant, The Equitable Life Assurance Society of the United States ? ” The nature of the action and the facts, so far as material, are stated in the opinion. Plaintiffs’ right…
1Opinion of the CourtVahe, J.
This action was brought by Franklin B. Lord, now deceased, to restrain the defendant corporation from so amending its charter as to give policyholders the right to vote for a majority of the directors and to limit stockholders to the right to vote for a minority only. It is continued by his executors, through a supplemental complaint, in order to set aside as- illegal and void an amendment to the charter purporting to have been made after the date of the amended complaint and to enjoin the officers of said company from holding or taking part in any election of directors held otherwise than as…
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