Legal Opinion

Ebling v. Nekarda

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

Decided December 15, 1911PublishedCited by 5 opinions

Appeal by the defendants, Francis J. Nekarda and others, from a 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 2c] day of July, 1910, upon the decision of the court rendered after a trial at the New York Special Term.

1Opinion of the Court

Clarke, J.:

This is a derivative action brought by minority stockholders of the Home Alliance Realty Company, a domestic corporation. The defendants Nekarda, Orbach, Zemelc and Slabey were ■ incorporators and trustees. Defendant Tenner was a real estate broker, defendant Pressberger was the owner of a contract for the purchase of certain real estate situated on Long Island, which he conveyed to the Home Alliance Realty Company for the sum of $90,500. The court has found that the defendants Orbach and Nekarda, promoters and incorporators, entered into a conspiracy to defraud the corporation by…

2Cases cited1 opinion

  1. Conkling v. . WeatherwaxNew York Court of Appeals · 1905

3Cited by5 opinions

  1. Eshleman v. KeenanCourt of Chancery of Delaware · 1937
  2. Alexander v. Quality Leather Goods Corp.New York Supreme Court · 1934
  3. Drucklieb v. HarrisNew York Supreme Court · 1914
  4. Grossman Bros. & Rosenbaum v. Dunaif Building Co.Appellate Terms of the Supreme Court of New York · 1913
  5. Earl v. BrewerNew York Supreme Court · 1935

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