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Corporations Keyed to Hazen
Auer v. Dressel
Citation:
118 N.E.2d 590 (N.Y. 1954)Facts
On October 16, 1953, petitioners submitted too the president written requests for a special meeting of class A stockholders. The president failed to call the meeting and, after waiting a week, the petitioners brought this proceeding. The answer of the corporation and its president was not forthcoming until October 28, 1953, and it contained, in response to the petition’s allegation that the demand was by more than a majority of class A stockholders, only a denial that the corporation and the president had any knowledge or information sufficient to form a belief as to the stockholding of those who has signed the requests. There was no discretion in this corporate officer as to whether or not to call a meeting when a demand thereof was put before him by owners of the required number of shares.
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