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MATTER OF AUER v. DRESSEL

306 N.Y. 427 (1954)

In the Matter of Joseph L. Auer on His Own Behalf and on Behalf of All of Holders of Class a Stock of R. Hoe & Co., Inc., et al., Respondents, v. Arthur Dressel, Individually and as President of R. Hoe & Co., Inc., et al., Appellants.

Court of Appeals of the State of New York.

Decided March 12, 1954

Attorney(s) appearing for the Case

Orison S. Marden, Neil P. Cullom, Thomas F. Peterson, John M. Johnston and Robert D. Cole for appellants.

Bruce A. Hecker, John R. Stevenson, John Kadel, Abraham Wilson and David M. Potts for respondents.

LEWIS, Ch. J., DYE, FULD and FROESSEL, JJ., concur with DESMOND, J.; VAN VOORHIS, J., dissents in opinion in which CONWAY, J., concurs.

DESMOND, J.

This article 78 of the Civil Practice Act proceeding was brought by class A stockholders of appellant R. Hoe & Co., Inc., for an order in the nature of mandamus to compel the president of Hoe to comply with a positive duty imposed on him by the corporation's by-laws. Section 2 of article I of those by-laws says that "It shall be the duty of the President to call a special meeting whenever requested...

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