Nugent v. Collins

4 Citing cases

  1. Lunding v. Biocatalyst Resources, Inc.

    No. 03 C 696 (N.D. Ill. Sep. 19, 2003)

    In Count I of his complaint, Lunding seeks a writ of mandamus ordering Biocatalyst to record Lunding's ownership of 1100 shares of common stock on its books, to provide Lunding with a stock certificate evidencing his ownership of those shares and to pay him the unpaid accumulated dividends that had accrued on his shares of preferred stock. Though mandamus is usually used to compel public officials to perform ministerial duties, the Illinois courts have also issued the writ to compel certain corporate actions. See, e.g., Nugent v. Riemore Nugent Collins, 412 N.E.2d 595, 596-99 (Ill.App.Ct. 1980) (affirming issuance of writ of mandamus ordering corporations to hold shareholders meetings and reissue stock to plaintiff);Schlossberg v. Lincoln Park W. Corp., 134 N.E.2d 661, 663 (Ill.App.Ct. 1956) (affirming issuance of writ of mandamus compelling corporation to transfer stock certificate to plaintiff). Mandamus is only appropriate, however, when three conditions are met: (1) plaintiff has a clear right to the requested relief; (2) the defendant has a clear duty to act; and (3) the defendant has the clear authority to comply with the writ.

  2. In re Southern Elegant Homes, Inc.

    Case Number 09-02756-8-JRL (Bankr. E.D.N.C. Jun. 9, 2009)   Cited 4 times
    Dismissing unauthorized petition without relying on ยง 1112(b)

    This outcome is consistent with Nugent v. Riemore Nugent Collins, in the Illinois court held that a single director of a corporation with two shareholders, where the statute provided that the number of directors be not less than the number of shareholders, had no authority to appoint new officers. 412 N.E. 2d 595 (Ill.App. 1980). At the hearing, Makovy argued that Wallach should be estopped from objecting to this bankruptcy proceeding.

  3. In re Wallace A. Erickson Co.

    44 B.R. 163 (Bankr. N.D. Ill. 1984)   Cited 4 times

    That act was "purely ministerial" and failure to perform it does not prevent at least equitable ownership from being transferred. Nugent v. Collins, 89 Ill. App.3d 874, 45 Ill.Dec. 244, 412 N.E.2d 595, 598 (1980). In the present case, similarly to the situation in Nugent, the stock was properly voted by the trustees of the Getz estate even though they were not the owners of record.

  4. Telegraph Sav. Loan Ass'n v. Schilling

    473 N.E.2d 921 (Ill. 1984)   Cited 10 times
    Stating that 10-day period to file action against commissioner of savings and loan associations (Ill. Rev. Stat. 1979, ch. 32, par. 852) was a statute of limitations that was tolled when the action was removed to federal court

    "`Courts may disregard labels, and may grant relief to which a plaintiff is entitled upon the evidence.'" ( Nugent v. Collins (1980), 89 Ill. App.3d 874, 879.) It would seem that the same discretion would be allowed to a reviewing court when reversing and remanding a cause previously dismissed. Based on the pleadings and in light of Telegraph's two requests to amend as well as the judicial commentary on the possible right to damages, we do not find that the Commissioner will be prejudiced by allowing Telegraph to amend its complaint on remand.