119 Misc. 177 | N.Y. Sup. Ct. | 1922
Plaintiff seeks to enjoin the directors of the defendant corporation from retiring him from his position as treasurer. His contention is that he was elected treasurer by the stockholders and, therefore, cannot be removed by the directors. The by-laws provide for the election of a treasurer and other officers by the vote of the stockholders. But the statute says that the directors of a stock corporation may appoint a treasurer and other officers. Stock Corp. Law, § 30. Every corporation is given power to make by-laws, but they must be “ not inconsistent with any existing law” (Gen. Corp. Law, § 11, subd. 5); a by-law that is so incon
Ordered accordingly.