Averill v. Barber
New York Supreme Court
Appeal from special term, Hew York county. William W. A veril 1 sued Amizi L. Barber, James McLain, the American Asphalt Pavement Company, the Hew York Improved Anthracite Coal Company, Andrew Langdon, the Barber Asphalt Paving Company, as stockholder in the American Asphalt Paving Company, against the individual defendants as officers of that company, for alleged breaches of trust, the appointment of a receiver, and an accounting.
Read the full summary
Appeal from special term, Hew York county. William W. A veril 1 sued Amizi L. Barber, James McLain, the American Asphalt Pavement Company, the Hew York Improved Anthracite Coal Company, Andrew Langdon, the Barber Asphalt Paving Company, as stockholder in the American Asphalt Paving Company, against the individual defendants as officers of that company, for alleged breaches of trust, the appointment of a receiver, and an accounting. Defendants appeal from an interlocutory judgment in the case. The following is the opinion of Patterson, J., at special term; “ This action has been tried in a…
1Opinion of the CourtBartlett, J.
The principal questions involved in this appeal are satisfactorily discussed in the elaborate opinion which was rendered in the court below. The proofs warranted the conclusion that the defendants Barber, McLain, and Langdon, as directors or trustees of the American Asphalt Pavement Company, were liable in equity to account to that corporation for the profits which they derived from the so-called De Smedt patents, which they acquired, and sought to appropriate to their own use as individuals. The right of the plaintiff, as a stockholder of the American Asphalt Pavement Company, to enforce the…
2Cases cited8 opinions
- Brinckerhoff v. . BostwickNew York Court of Appeals · 1882
- Doud v. Wisconsin, Pittsville & Superior Railway Co.Wisconsin Supreme Court · 1886
- Rathbone v. Gas Co.West Virginia Supreme Court · 1888
- Hazeltine v. Belfast & Moosehead Lake RailroadSupreme Judicial Court of Maine · 1887
- Davis v. GemmellCourt of Appeals of Maryland · 1889
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Johnston v. GreeneSupreme Court of Delaware · 1956
- Loft, Inc. v. GuthCourt of Chancery of Delaware · 1938
- L. A. Young Spring & Wire Corp. v. FallsMichigan Supreme Court · 1943
- Lagarde v. Anniston Lime & Stone Co.Supreme Court of Alabama · 1899
- Powell v. AdlerSupreme Court of Oklahoma · 1918
2 more not listed; retrieve them via the Exa API.