New York Court of Appeals
Sterling Industries, Inc., Respondent v. Ball Bearing Pen Corporation, Appellants, Defendants
March 3, 1949298 N.Y. 483
Summary
The New York Court of Appeals held that a corporation's president lacks authority to institute litigation without a majority board vote, rejecting the doctrine of prima facie authority and finding that a deadlock does not grant extraordinary powers; consequently the summons and complaint were vacated and the Appellate Division's decision reversed.