Ottinger v. Bennett
Appellate Division of the Supreme Court of the State of New York
Appeal '"by the defendant, John R. Bennett, from an interlocutory judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 22d day of November, 1910, upon the decision of the court, rendered after a trial at the New York Special Term, sustaining the plaintiffs’ demurrer to a partial defense contained in the amended answer of the defendant, John R. Bennett.
1Dissent
Miller, J. (dissenting):
The appellant challenges the sufficiency of the complaint. The action is for fraud and deceit in inducing the plaintiffs to purchase shares of the capital stock of the American Ice Company. The defendants were directors of said company. It is alleged that the directors declared a dividend on the common stock and caused it- to be paid out of capital, there being no surplus or earnings, in violation of the statute of New Jersey, in which State said company was incorporated, and that they caused the fact of the declaration of said dividend to be published in the…
2Cases cited6 opinions
- Brackett v. . GriswoldNew York Court of Appeals · 1889
- Kujek v. . GoldmanNew York Court of Appeals · 1896
- Nickley v. ThomasNew York Supreme Court · 1856
- Second National Bank v. CurtissAppellate Division of the Supreme Court of the State of New York · 1896
- Keeler v. SeamanNew York Supreme Court · 1905
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