(Download) "Marvin M. Speiser v. Leon C. Baker and" by New Castle County Court of Chancery of Delaware ~ eBook PDF Kindle ePub Free
eBook details
- Title: Marvin M. Speiser v. Leon C. Baker and
- Author : New Castle County Court of Chancery of Delaware
- Release Date : January 19, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
The present action is brought under Section 211(c) of our corporation law and seeks an order requiring the convening of an annual meeting of shareholders of Health Med Corporation, a Delaware corporation. The Answer admits that no annual meeting of stockholders of that corporation has been held for several years, but attempts to allege affirmative defenses to the relief sought. In addition, that pleading asserts an affirmative right to a declaratory judgment unrelated, in my opinion, to the annual meeting. Pending is a motion by plaintiff seeking (1) judgment on the pleadings and (2) dismissal of defendant's affirmative claim for relief. That motion raises two distinct legal issues. The first relates to plaintiff's Section 211 claim: it is whether defendant, having admitted facts that constitute a prima facie case for such relief, has pleaded facts which, if true, would constitute an equitable defense to the claim.
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