Legal Opinion

Greaves v. . Gouge

New York Court of Appeals

Decided March 27, 1877PublishedCited by 72 opinions

Appeal from judgment of the General Term- of the Supreme Court in the first judicial department, in favor of defendant, entered upon an order affirming an order of Special Term, sustaining a demurrer to plaintiff’s complaint.

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Appeal from judgment of the General Term- of the Supreme Court in the first judicial department, in favor of defendant, entered upon an order affirming an order of Special Term, sustaining a demurrer to plaintiff’s complaint. The complaint, after stating that the action was brought by plaintiff for the benefit of himself and other stockholders of a manufacturing corporation organized under the name of H. A. Gouge & Co., and after alleging the due incorporation of said company, alleged in substance that defendant as president of said company, in combination with one Eeid, an officer and…

1Opinion of the CourtMiller, J.

This action is for damages sustained by the plaintiff, as a stockholder of a corporation of which the defendant was president, by reason of a fraudulent and illegal conspiracy of the, defendant and another person, who was also an officer of the company, by means of which, and by the acts of the defendant, the surplus earnings of the company were misappropriated, and said earnings and the, property of the company converted by the defendant, and the stock of the plaintiff became worthless.

The plaintiff claims damages, not only for the misappropriation of funds and property, but for the…

2Cited by72 opinions

  1. Brinckerhoff v. . BostwickNew York Court of Appeals · 1882
  2. Barr v. WackmanNew York Court of Appeals · 1975
  3. Flynn v. . Brooklyn City R.R. Co.New York Court of Appeals · 1899
  4. Booth v. RobinsonCourt of Appeals of Maryland · 1881
  5. People v. Equitable Life Assurance Society of United StatesAppellate Division of the Supreme Court of the State of New York · 1908

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