von Au v. Magenheimer
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Louis Magenheimer and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 17th day of January, 1907, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 21st day of January, 1907, as amended by an order entered on the 28th day of January, 1907, denying said defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Miller, J.:
The plaintiff, as committee of the testator, her husband, who was insane, held 483 of the 1,500 shares of the capital stock of the Mason, Au and Magenheimer Confectionery Manufacturing Company. The defendants Magenheimer and Hang each owned 483 shares, were respectively president and treasurer of the company, and had the sole control and management of its affairs. The complaint avers that the defendants conspired to obtain the stock owned by said testator for less than it was worth, and that to depress the value of the stock, to cause the plaintiff to believe that it was worth less…
2Cases cited16 opinions
- Hawes v. OaklandSupreme Court of the United States · 1882
- Brackett v. . GriswoldNew York Court of Appeals · 1889
- Gamble v. Queens County Water Co.New York Court of Appeals · 1890
- Niles v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1903
- Kavanaugh v. . Commonwealth Trust Co.New York Court of Appeals · 1905
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3Cited by63 opinions
- Lesnik v. Public Industrials CorporationCourt of Appeals for the Second Circuit · 1944
- Thomas A. Vincel v. White Motor Corporation and Glenn F. KommerCourt of Appeals for the Second Circuit · 1975
- Sutter v. General Petroleum Corp.California Supreme Court · 1946
- Bank of New Mexico v. RiceNew Mexico Supreme Court · 1967
- Cochran v. Channing CorporationDistrict Court, S.D. New York · 1962
58 more not listed; retrieve them via the Exa API.