Ex parte Desdoity

Decided August 15, 1828

New York Supreme Court · decided 1828-08-15

Application to set aside the election of thirteen persons chosen directors of the Protection Fire Insurance Company, jn the city of N. Y., on the 16th June last, and to declare thirteen others duly elected directors of the company. The stock °f the company consists of 8000 shares, of which only 1788 are outstanding, the residue being owned by the company.

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Decided 1828-08-15

How this case has been cited

Cited by 6 later decisions — most recently December 1904

6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1By the Court,

Savage, Ch. J.

¶2The court are satisfied, that thirteen of the persons returned as duly elected, were elected by an illegal vote; and that the relators in this case had a great majority of the votes upon the outstanding stock of the company, and consequently were duly elected directors. The court cannot perceive the use of a new election; they, therefore, vacate and set aside the election of the thirteen persons, whose election depended on the vote upon the 751 shares of company stock, and declare the others duly elected directors of the company.