Rothmiller v. Stein
New York Court of Common Pleas
Appeal from special term. Action by Adolph Rothmiller against Theodore G-. Stein and Edward Weber to recover damages for false representations. From an interlocutory judgment overruling a demurrer to the complaint, defendants appeal. The plaintiff was a stockholder of the Grooved Plaster Slab Manufacturing Company, and the defendants were its officers and directors, and had the sole and exclusive management of its business.
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Appeal from special term. Action by Adolph Rothmiller against Theodore G-. Stein and Edward Weber to recover damages for false representations. From an interlocutory judgment overruling a demurrer to the complaint, defendants appeal. The plaintiff was a stockholder of the Grooved Plaster Slab Manufacturing Company, and the defendants were its officers and directors, and had the sole and exclusive management of its business. In May, 1892, the plaintiff asked them for a statement of the affairs of the company, and, in answer to this request, he received a statement in writing, signed by the…
1Opinion of the CourtBischoff, J.
The action is brought against two managing officers of a corporation to recover damages for false representations as to the financial condition and state of earnings of the company, relying upon which the plaintiff, a stockholder, availed himself of a certain alternative offer for the purchase of his stock made to him *709by one Moore, a fellow stockholder. It is alleged that, by reason of the falsity of these representations, plaintiff was damaged in the difference between the sum obtained by him upon this sale and the amount which, but for the representations, he would have accepted and…
2Cases cited3 opinions
- Whitford v. . the Panama Railroad CompanyNew York Court of Appeals · 1861
- Waldron v. RitchingsNew York Court of Common Pleas · 1870
- Wright v. DenistonNew York Court of Common Pleas · 1894
3Cited by1 opinion
- Wren v. BohannonCourt of Appeals of Texas · 1953