Kreitner v. Burgweger
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John Kreitner, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Erie on the 11th day of November, 1915, upon the decision of the court after a trial at the Erie Equity Term. Plaintiff appeals from said judgment excepting the part thereof directing the defendants Burgweger and Bartholomay to pay to the defendant Iroquois Brewing Company certain moneys.
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Appeal by the plaintiff, John Kreitner, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Erie on the 11th day of November, 1915, upon the decision of the court after a trial at the Erie Equity Term. Plaintiff appeals from said judgment excepting the part thereof directing the defendants Burgweger and Bartholomay to pay to the defendant Iroquois Brewing Company certain moneys. Appeal by the defendants, Leonhardt Burgweger and another, from so much of said judgment as provides that they pay certain moneys to the defendant…
1Opinion of the Court
Lambert, J.:
In form this action is for an accounting. It is brought by plaintiff as a stockholder of the defendant corporation both in an individual and representative capacity.
By his complaint the plaintiff charges the unlawful appropriation of property and money of the brewing company by the defendants Burgweger and Bartholomay. He attacks many transactions and seeks herein an accounting by such individual defendants and restitution to the corporation.
Since the organization of the brewing company the defendant Burgweger has been its president. He has devoted substantially his entire time to…
2Cases cited7 opinions
- Sage v. . CulverNew York Court of Appeals · 1895
- Pew v. First National BankMassachusetts Supreme Judicial Court · 1881
- Godley v. . Crandall Godley Co.New York Court of Appeals · 1914
- Jacobson v. . Brooklyn Lumber Co.New York Court of Appeals · 1906
- Carr v. KimballAppellate Division of the Supreme Court of the State of New York · 1912
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Hassett v. McColley (In Re O.P.M. Leasing Services, Inc.)United States Bankruptcy Court, S.D. New York · 1983
- In re the Estate of EbbetsNew York Surrogate's Court · 1933
- O'Connor v. Bankers Trust Co.New York Supreme Court · 1936
- Sorin v. Shahmoon Industries, Inc.New York Supreme Court · 1961
- Atwater v. Elkhorn Valley Coal-Land Co.Appellate Division of the Supreme Court of the State of New York · 1918
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