· 5/26/1977
SEC. Nat. Bank v. Peters, Writer & Christensen
Citations
- 569 P.2d 875
- 39 Colo. App. 344
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding breach of fiduciary duty by a director constitutes constructive fraud, and, therefore, affected shareholder was entitled to dissenters' rights and to challenge the corporate action creating entitlement to dissenters' rights
- preferred shareholders had standing to challenge actions of common shareholders which accrued exclusive benefit to common shareholders at preferred shareholders’ expense
- failure to disclose or provide notice of meeting to shareholders and dealing at expense of preferred shareholders constituted constructive fraud as a matter of law
- directors’ actions that benefited directors as common shareholders at the expense of the preferred shareholders constituted a breach of fiduciary duty
- preferred shareholders may maintain personal action against directors who deny them statutory right of redemption upon adoption of liquidation plan
- directors who negotiated transaction to benefit themselves breached their fiduciary duties
Source: CourtListener parenthetical corpus (CC0).
Judges: Berman
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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