Hamilton v. Gibson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, David H. Van Name and another, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 3d day óf May, 1911, denying said defendants’ motion to vacate an order for the examination of the said defendants before trial.
1Opinion of the Court
Scott, J.:
This is an appeal from an order denying a motion to vacate •an order for the examination' of the defendants David H. Van Name and.the F. 0. Linde Company before trial. The motion was properly denied, if the action has not abated, and the one question presented by the appeal is whether or not it has abated.
The plaintiff sues as a director of the F. 0. Linde Company, charging his codirectors with various acts of misconduct in the management of the affairs of the corporation, and asking appropriate relief. Since the action was brought the plaintiff has ceased to be a director of the…
2Cited by4 opinions
- Abberger v. KulpNew York Supreme Court · 1935
- Wangrow v. WangrowAppellate Division of the Supreme Court of the State of New York · 1924
- Manix v. FantlAppellate Division of the Supreme Court of the State of New York · 1924
- Kehaya v. AxtonDistrict Court, S.D. New York · 1940