For Your Data Affair Of Auer V. Dressel Representative Brief
March 19, 2016
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Matter of Auer v. Dressel case brief summary
118 N.E.2d 590 (1954)
CASE FACTS
Appellees were class-A stockholders of appellant corporation. Appellees brought an activity for an lodge to compel appellant president to comply alongside a positive duty imposed on him past times appellant corporation's bylaws. The bylaws required that the president telephone phone a particular coming together whenever requested inward writing to create together with then past times stockholders owning a bulk of the upper-case missive of the alphabet stock entitled to vote at such meeting. Appellees had requested such a coming together precisely appellant president failed to telephone phone the meeting. The trial courtroom ordered the coming together together with appellants sought review of that order.
DISCUSSION
CONCLUSION
The courtroom affirmed the lodge that required appellants to telephone phone a particular coming together of class-A stockholders of the company, belongings that since appellees submitted a written asking to appellants every bit required past times the bylaws, appellants had no discretion every bit to whether or non to telephone phone a meeting.
Recommended Supplements for Corporations together with Business Associations Law
118 N.E.2d 590 (1954)
CASE SYNOPSIS
Appellants, corporation together with president, sought review of the lodge of the Appellate Division of the Supreme Court inward the First Judicial Department (New York) that affirmed a supreme courtroom at particular term, which granted appellee class-A stockholders' displace for an lodge nether N.Y. Civ. Prac. Act art. 78 requiring appellants to telephone phone a particular coming together of class-A stockholders.CASE FACTS
Appellees were class-A stockholders of appellant corporation. Appellees brought an activity for an lodge to compel appellant president to comply alongside a positive duty imposed on him past times appellant corporation's bylaws. The bylaws required that the president telephone phone a particular coming together whenever requested inward writing to create together with then past times stockholders owning a bulk of the upper-case missive of the alphabet stock entitled to vote at such meeting. Appellees had requested such a coming together precisely appellant president failed to telephone phone the meeting. The trial courtroom ordered the coming together together with appellants sought review of that order.
DISCUSSION
- The courtroom held that the bylaws did non allow whatever discretion to appellant president every bit to whether or non to telephone phone the coming together when 1 was demanded.
- The courtroom held that the purposes for which appellees wished the coming together called were proper.
- Thus, courtroom held that the lodge requiring the coming together to survive held was proper.
CONCLUSION
The courtroom affirmed the lodge that required appellants to telephone phone a particular coming together of class-A stockholders of the company, belongings that since appellees submitted a written asking to appellants every bit required past times the bylaws, appellants had no discretion every bit to whether or non to telephone phone a meeting.
Recommended Supplements for Corporations together with Business Associations Law