MacNaughton v. . Osgood
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order .made May 20, 1886, which affirmed a judgment in favor of defendants, and ordered the exceptions to be heard in the first instance at the General Term. The nature of the action and the facts are sufficiently stated in the opinion.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order .made May 20, 1886, which affirmed a judgment in favor of defendants, and ordered the exceptions to be heard in the first instance at the General Term. The nature of the action and the facts are sufficiently stated in the opinion. This was an action in equity, and was properly decided by the court as to the facts as well as the law, and no error was or could be committed by the trial court in refusing the plaintiff leave to go to the jury upon the facts. (Brinckerhoff v.…
1Opinion of the CourtBrown, J.
This action was brought by tlie plaintiff to obtain a judgment restraining the defendants, who are officers of- the Osgood Dredge Company, from paying to themselves salaries, voted to themselves; and to compel them to refund to the corporation, amounts paid as salaries before the commencement of the action. After setting forth the facts which it is claimed give rise to the cause of action, the complaint demands judgment as follows: “ Wherefore the plaintiff demands judgment that the defendant Osgood, Howe and Blessing, and each of them, be enjoined and restrained from paying to the said Howe…
2Cases cited3 opinions
- Moore v. . Metropolitan National BankNew York Court of Appeals · 1873
- Vermilyea v. . PalmerNew York Court of Appeals · 1873
- Acker v. . LelandNew York Court of Appeals · 1888
3Cited by13 opinions
- Godley v. . Crandall Godley Co.New York Court of Appeals · 1914
- McClave v. . GibbNew York Court of Appeals · 1898
- Byrne v. McKeachieSouth Dakota Supreme Court · 1912
- The Western StatesCourt of Appeals for the Second Circuit · 1908
- Ware v. . Dos PassosNew York Court of Appeals · 1900
8 more not listed; retrieve them via the Exa API.