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Business Associations Keyed to Diamond, 6th Ed.
People ex rel. Manice v. Powell et al.
Citation:
201 N.Y. 194 (1911)Facts
William Manice was elected as a director of the Atlantic Terra Cotta Company, a domestic corporation organized in 1907 for manufacturing architectural terra cotta. His term was not set to expire until January 1912. In January 1910, the company amended its certificate of incorporation to include a provision allowing for the removal of directors by a two-thirds vote of the board followed by stockholder ratification. Manice opposed this amendment. In May 1910, a special meeting of directors was called to consider Manice’s removal, based on allegations that he had participated in organizing a competitor company. Despite Manice’s request for time to prepare a response to these charges, the board voted to remove him. At a subsequent stockholders’ meeting, this action was ratified by holders of more than two-thirds of the company’s stock. Another person was then elected to fill the vacancy and began serving as director. Manice claimed his removal was illegal and sought reinstatement through a writ of mandamus.
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