Hutchinson v. Simpson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, John W. Simpson and .another, as executors, etc., of John G. Moore, deceased, and others, front an interlocutory 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 21st day of July, 1903, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the -demurrers interposed hy the said defendants to the plaintiffs’ ■complaint.
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Appeal by the defendants, John W. Simpson and .another, as executors, etc., of John G. Moore, deceased, and others, front an interlocutory 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 21st day of July, 1903, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the -demurrers interposed hy the said defendants to the plaintiffs’ ■complaint. This action was brought by the plaintiffs as stockholders of the American Malting Company, a New Jersey corporation, to require .the…
1Opinion of the Court
Van Brunt, P. J.:
This action was brought by certain stockholders of the defendant company in the interest of the company to recover from the firm of Moore & Schley what is termed in the complaint “ a secret, profit ” made “at the expense of the defendant company, its stockholders and creditors.”
It seems to me that the fundamental error which underlies the whole of this complaint is the assumption that the defendant com: pany had any interest in, or acquired any rights by, the contract, Exhibit A, annexed to the complaint, and which is erroneously styled & “ stock subscription.” .
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