Rocket River Development Co. v. German American Brewing Co.
Appellate Division of the Supreme Court of the State of New York
Motion by both parties for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance, after the direction of a verdict by the court at the close of the case of no cause of action in defendant’s favor as to a portion of the demand of the plaintiff, and in the plaintiff’s favor as to a portion of his demand, upon a trial before the court and a jury at the Erie Trial Term in May, 1919.
1Opinion of the Court
Lambert, J.:
The plaintiff and defendant are, respectively, domestic corporations with their principal places of business in the city of Buffalo, N. Y. During the times involved in this controversy one John F. Nagel was the treasurer of the plaintiff and the president of the defendant, and the business of the plaintiff was transacted at the business office of the defendant.
Since 1915, Nagel, as president of the defendant, completely dominated its affairs and had unquestioned control of the finances Following the custom of his immediate predecessor in office, he made personal use of the funds…
2Cases cited4 opinions
- Bloomquist v. . FarsonNew York Court of Appeals · 1918
- Henry v. . AllenNew York Court of Appeals · 1896
- Taylor v. . Commercial BankNew York Court of Appeals · 1903
- Crooks v. People's National Bank of MaloneAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by13 opinions
- Marine Midland Bank v. John E. Russo Produce Co.New York Court of Appeals · 1980
- Davis v. Seneca Falls Mfg. Co.Court of Appeals for the Second Circuit · 1927
- Mirror Group Newspapers, PLC v. Maxwell Newspapers, Inc. (In Re Maxwell Newspapers, Inc.)United States Bankruptcy Court, S.D. New York · 1994
- Drexel Burnham Lambert Group, Inc. v. Vigilant InsuranceNew York Supreme Court · 1993
- Laub v. Genway Corp.District Court, S.D. New York · 1973
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