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.