Page:Henry Osborn Taylor, A Treatise on the Law of Private Corporations (5th ed, 1905).djvu/672

 § 050.] THE LAW OF PRIVATE CORPORATIONS. [CHAP. X. likely any officer appointed by the board of directors or trustees could for cause be removed by them from the office to which they had appointed him. But a board of directors has no im- plied power, it would seem, to remove one of their own number, even for cause ; or exclude him from taking part in their pro- ceedings. 1 It would seem, however, that for good grounds the majority of shareholders in a duly summoned meeting of the corporation should be competent to remove a director. But in the ordinary case of directors elected annually to serve for a year, there is no power in the corporation to remove them ar- bitrarily before the expiration of their term of office. 2 1 See § 808. 2 Imperial Hydropathic Hotel Co. v. Harnpson, 23 Cli. Div. 1. Officers of a corporation who, on the expira- tion of their term of office, refuse to deliver to their successors its books, 652 etc., may be compelled by mandamus. Fasnacht v. German Literary Ass'n, 99 Ind. 133. In Ward v. Davidson, 89 Mo. 445, directors were removed by the court for misconduct.