Cases On the General Principles of the Law of Private Corporations volume 2

Cover Cases On the General Principles of the Law of Private Corporations volume 2
Cases On the General Principles of the Law of Private Corporations volume 2
Horace L Horace La Fayette Wilgus
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The by-laws of the Griffing Company directed that the directors should choose these officers, but fixed no term of office, and at the meeting of November 23d . Were amended so as to give express power of re- moval. Such an amendment has been judicially upheld in this state. Weinburgh v. Union, etc. , Advertising Co. , 10 Dick. Ch. Rep. 640, The stockholders ratified the removal made under this authority.
The attempt of the directors, in May, 1898, to fix a term of one year for the president and
... treasurer was certainly ineffectual to create any franchise. It was probably ineffectual as a contract, but, if not, the remedy for a breach is by an action for damages.
The application to set aside these elections is denied, with costs.
Compare, 1758, Rex v. Richardson, 1 Burrows 517; 1882, Imperial Hydro- pathic Hotel Co. V. Hampson, L. R. 23 Ch. D. 1 ; 1899, Mobile, J. & K. C. R. Co. V. Owen, 121 Ala. 505, 25 So. Rep. 612; 1899, Stanley v. Luse, 36 Ore. 25, 58 Pac. Rep. 75. The right to remove officers by those who elect or appoint them is now frequently provided for in articles of incorporation or in the by- laws.


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