Legal Opinion

In re the Election of Officers & Directors of Allied Fruit & Extract Co.

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

Decided December 24, 1934PublishedCited by 6 opinions

1Opinion of the CourtO’Malley, J.

The order appealed from vacates the removal of the petitioner as secretary, director and employee of the appellant and directs his reinstatement. The decision was predicated upon the ground that the removal was illegal because it had not been submitted to arbitration as provided for in an agreement between the six stockholders of the corporation of which the petitioner was one. Reversal is sought upon the grounds (1) that the arbitration provision offends against public policy and is void; and (2) the petitioner’s removal was justified because of his dishonesty in relation to the corporate…

2Cases cited4 opinions

  1. People Ex Rel. McLaughlin v. Board of Police CommissionersNew York Court of Appeals · 1903
  2. McQuade v. StonehamNew York Court of Appeals · 1934
  3. People Ex Rel. Manice v. . PowellNew York Court of Appeals · 1911
  4. In re KorffAppellate Division of the Supreme Court of the State of New York · 1921

3Cited by6 opinions

  1. State Division of Human Rights v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 1982
  2. Smith v. DillonAppellate Division of the Supreme Court of the State of New York · 1943
  3. In re the Arbitration between Burkin & KatzAppellate Division of the Supreme Court of the State of New York · 1955
  4. In re the Arbitration between LandersmanAppellate Division of the Supreme Court of the State of New York · 1952
  5. In re BuckleyNew York Supreme Court · 1944

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