Legal Opinion
In re Klein's Outlet, Inc.
District Court, S.D. New York
Decided July 15, 1942No. 79509PublishedCited by 2 opinions
1Opinion of the Court
BRIGHT, District Judge.
Rose Klein, the holder of a one-third stock interest in the bankrupt corporation, petitions for a review of the referee’s order substituting the trustee in bankruptcy as the sole plaintiff in her place in a derivative stockholders’ action brought by her in the New York Supreme Court.
The action mentioned was begun by the petitioner some time before the bankruptcy intervened. The bankrupt corporation, as was required, is a party defendant. An interlocutory judgment has been entered in favor of the petitioner and accounting proceedings have been commenced before the…
2Cases cited16 opinions
- Pepper v. LittonSupreme Court of the United States · 1939
- Hirshfeld v. . FitzgeraldNew York Court of Appeals · 1898
- Kavanaugh v. . Commonwealth Trust Co.New York Court of Appeals · 1905
- Stephan v. Merchants Collateral Corp.New York Court of Appeals · 1931
- Planten v. National Nassau BankAppellate Division of the Supreme Court of the State of New York · 1916
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3Cited by2 opinions
- Klein v. Nu-Way Shoe Co.Court of Appeals for the Second Circuit · 1943
- In re Klein's Outlet, Inc.District Court, S.D. New York · 1944