Legal Opinion

Bowers v. Male

Appellate Division of the Supreme Court of the State of New York

Decided January 26, 1906PublishedCited by 5 opinions

Separate appeals by the defendant William H. Male and by the defendants Siegmnnd J. Bach and others from a judgment of the Supreme Court in favor of the plaintiff and against the said defendants, entered in the office of the clerk of the county of New York on the 14th day of January, 1904, upon the report of a referee, as amended by an order entered in said clerk’s office on the 9th day of May, 1904, with notice of an intention on the part of the defendant William H. Male to…

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Separate appeals by the defendant William H. Male and by the defendants Siegmnnd J. Bach and others from a judgment of the Supreme Court in favor of the plaintiff and against the said defendants, entered in the office of the clerk of the county of New York on the 14th day of January, 1904, upon the report of a referee, as amended by an order entered in said clerk’s office on the 9th day of May, 1904, with notice of an intention on the part of the defendant William H. Male to bring up for review upon such appeal an order entered in said clerk’s office on the 16th day of December, 1904,…

1Opinion of the Court

The following is the opinion of the referee:

Odell, Referee:

The plaintiff sues as receiver of the Mercantile Credit (Guarantee Company of New York. • The defendants were directors of that company, and in the complaint they are charged with having, on or about the 27th "of October, 1896, misapplied and wasted .$30,000 of the funds of the company in the purchase of 300 shares of the worthless stock of a corporation known as the Beserve Company, to the damage of the first-named company, its stockholders and creditors. In some respects the case is a peculiar one, and a statement, of the facts at…

2Cases cited3 opinions

  1. Munson v. Syracuse, Geneva & Corning RailroadNew York Court of Appeals · 1886
  2. Higgins v. TefftAppellate Division of the Supreme Court of the State of New York · 1896
  3. Hun v. CaryNew York Supreme Court · 1880

3Cited by5 opinions

  1. Subin v. GoldsmithCourt of Appeals for the Second Circuit · 1955
  2. People v. Equitable Life Assurance Society of United StatesAppellate Division of the Supreme Court of the State of New York · 1908
  3. Missouri Pacific Railway v. Mercantile Trust Co.New York Supreme Court · 1912
  4. Subin v. GoldsmithCourt of Appeals for the Second Circuit · 1955
  5. Union Discount Co. v. MacRobertNew York Supreme Court · 1929

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