LA. WEEKLY PUB. CO., INC. v. FIRST NAT. BANK OF COMMERCE

No. 85-C-1915.

483 So.2d 929 (1986)

The LOUISIANA WEEKLY PUBLISHING COMPANY, INC., and Constant C. Dejoie, Jr., Individually and as President, Publisher and Stockholder v. FIRST NATIONAL BANK OF COMMERCE and Henry B. Dejoie, Individually and as a Stockholder, and Renette D. Hall, Individually and as a Purported Representative of Stockholder, Louise Wilcox, and Louise Wilcox. Vivian Dejoie ROUSSELL, Constant C. Dejoie, Jr. and Michael Dejoie, As Stockholders of the Louisiana Weekly Publishing Company, Inc., and the Louisiana Weekly Publishing Company, Inc. v. Henry B. DEJOIE, Secretary of the Louisiana Weekly Publishing Company, Inc., and the Louisiana Weekly Publishing Company, Inc. Vivian Dejoie ROUSSELL, and Constant C. Dejoie, Jr. As Shareholders of the Louisiana Weekly Publishing Company, Inc., and the Louisiana Weekly Publishing Company, Inc. v. Henry B. DEJOIE, Secretary of the Louisiana Weekly Publishing Company, Inc., and the Louisiana Weekly Publishing Company, Inc.

Supreme Court of Louisiana.

February 24, 1986.


Attorney(s) appearing for the Case

Ralph S. Hubbard, III, Yvonne Chalker, New Orleans, for applicants.

Ernest L. Jones, James A. Gray, Jefferson, Bryan & Gray, Roy C. Cheatwood, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, for respondents.


WATSON, Justice.

Does a corporate stock transfer restriction, which specifically limits sales and mortis causa donations, apply to an inter vivos donation? The trial court concluded that the intent of the incorporators was to preserve the status of a closed corporation, and therefore the restriction prohibited any stock transfer unless the stock was first offered to the corporation and other shareholders. The Court of Appeal affirmed. The Louisiana...

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