Merchants' Credit Clearing House Ass'n
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, M. Frank Dennis, from an order of . the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Richmond on the 29th day of September, 1910, denying a motion to stay further proceedings in this action until the payment of costs in a former action between the parties, and also from an order entered on the 17th day of October, 1910, resettling the first order.
1Opinion of the Court
Rich, J.:
The learned justice at Special Term followed the ruling of this court in Skeels v. Bodine (68 App. Div. 217), and was clearly right. The first action herein was brought in equity against the defendant as president, director and general manager of the plaintiff company, for misfeasance in office, and the relief sought was, first, an accounting; second, damages; third, a return to plaintiff of all its assets, books, furniture, securities and other property in his possession; and, fourth, for such other relief as was proper. This action is at law to recover damages for defendant’s…
2Cases cited3 opinions
- Skeels v. BodineAppellate Division of the Supreme Court of the State of New York · 1902
- Maass v. RosenthalNew York Supreme Court · 1909
- Maass v. RosenthalAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by2 opinions
- Associated Sales Analysts, Inc. v. WeitzAppellate Division of the Supreme Court of the State of New York · 1966
- Prudential Oil Corp. v. Phillips Petroleum Co.Appellate Division of the Supreme Court of the State of New York · 1981