Legal Opinion

Frank v. American Commercial Alcohol Corp.

New York Supreme Court

Decided June 15, 1934PublishedCited by 3 opinions

1Opinion of the CourtCotillo, J.

This is a derivative action instituted by the plaintiff, a minority stockholder of the American Commercial Alcohol Corporation, to compel the individual defendants to account for fraud practiced upon the corporation and its stockholders.

A gist of the charges is that these individuals, who are the controlling officials and directors of the corporation, in April, 1933, formulated a plan whereby, in view of the anticipated repeal of the Eighteenth Amendment, they would form a pool in the common stock of the alcohol corporation on the New York Stock Exchange for the purpose of artificially…

2Cases cited13 opinions

  1. North State Copper & Gold Mining Co. v. FieldCourt of Appeals of Maryland · 1885
  2. Travis v. . Knox Terpezone Co.New York Court of Appeals · 1915
  3. Guilford v. Western Union Telegraph Co.Supreme Court of Minnesota · 1894
  4. Miller v. . QuincyNew York Court of Appeals · 1904
  5. Condon v. Mutual Reserve Fund Life Ass'nCourt of Appeals of Maryland · 1899

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3Cited by3 opinions

  1. Ackert v. AusmanNew York Supreme Court · 1961
  2. November v. National Exhibition Co.New York Supreme Court · 1958
  3. Samuelson v. StarrNew York Supreme Court · 1961

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