Legal Opinion

Pennsylvania R. v. Pedrick

District Court, N.D. New York

Decided April 5, 1915PublishedCited by 8 opinions

At Raw. Action by the Pennsylvania Railroad Company against Charles H. Pedrick, Jr., and others. On application by G. V. Schenck, as trustee in bankruptcy of the Security Steel & Iron Company, for a rule or order staying the further prosecution of the action by plaintiff, and for instructions as to his duty in the premises.

1Opinion of the Court

RAY, District Judge.

Whether this motion should be granted, and whether or not Schenck, as trustee in bankruptcy of the Security Steel & Iron Company, should be a party to this action, depends on the nature and scope of the complaint, and perhaps on the true construction of section 90 of the General Corporation Law of the state of New York, and section 66 of the Stock Corporation Law of said state. These sections read as follows:

“Sec. 90. Action against Officers of Corporation for Misconduct. — An action may be maintained against one or more trustees, directors, managers, or other officers of…

2Cases cited5 opinions

  1. Koehler v. Black River Falls Iron Co.Supreme Court of the United States · 1863
  2. Boyd v. SchneiderCourt of Appeals for the Seventh Circuit · 1904
  3. Brown v. Grand Rapids Parlor Furniture Co.Court of Appeals for the Sixth Circuit · 1893
  4. Sicardi v. Keystone Oil Co.Supreme Court of Pennsylvania · 1892
  5. Allen v. LukeU.S. Circuit Court for the District of Massachusetts · 1906

3Cited by8 opinions

  1. In Re BernardCourt of Appeals for the Second Circuit · 1937
  2. Whalen v. StrongAppellate Division of the Supreme Court of the State of New York · 1930
  3. Webb v. CashWyoming Supreme Court · 1926
  4. In re North Babylon Estates, Inc.Court of Appeals for the Second Circuit · 1928
  5. Pennsylvania R. v. PeddrickDistrict Court, N.D. New York · 1916

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