Gearing v. Kelly

11 N.Y.2d 201, 227 N.Y.S.2d 897, 182 N.E.2d 391 (1962)

From our private database of 46,000+ case briefs, written and edited by humans—never with AI.

Gearing v. Kelly

Court of Appeals of New York
11 N.Y.2d 201, 227 N.Y.S.2d 897, 182 N.E.2d 391 (1962)

  • Written by Mary Pfotenhauer, JD
Play video

Facts

Radium Chemical Company’s bylaws require a board of four directors, a majority of whom constitute a quorum. In 1955 the board included Mrs. Meacham, Kelly Sr., Kelly Jr., and Margaret Lee. In 1961 a board of directors’ meeting was called, at which Kelly Sr., Kelly Jr. (defendants), and Margaret Lee were present. Margaret Lee offered her resignation, which was accepted. Mrs. Meacham avoided the meeting to prevent a quorum from assembling. Following Margaret’s resignation at the meeting, the two Kellys elected Kelly Sr.’s son-in-law Julian Hemphill to replace Margaret on the board. Mrs. Gearing (plaintiff), a stockholder and Mrs. Meacham’s mother, brought suit, along with other stockholders, seeking to have the election set aside and a new election ordered. The Appellate Division of the Supreme Court of New York held that the stockholders could not complain of an irregularity that they had caused, and that justice therefore did not require a new election. The stockholders appealed.

Rule of Law

Issue

Holding and Reasoning (Per Curiam)

Dissent (Froessel, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 743,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 743,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,000 briefs, keyed to 986 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 743,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,000 briefs - keyed to 986 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership