Business Associations Keyed to Hamilton
Matter of Auer v. Dressel
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The Stockholders of Hoe & Co. Inc. (P) sought a special stockholder’s meeting after more than 50 percent of the required voting class compelled the President (D) to call for one. The President (D) refused claiming he didn’t have the information to verify authenticity of the required number. He also claimed the meeting was improper, and did not follow four stated purposes for meetings. (1) a purpose for reinstating the former president, (2) a purpose to amend the by laws so that vacancy on the board be filled up only by those stockholders that director represented, (3) to vote upon charges against four specific directors, (4) to amend the by laws regarding the number of directors needed for a quorum. The court ordered the President (D) to call the meeting, and he subsequently appealed.
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