Carr v. Kimball
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Horatio G-. Kimball and others, from a 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 1th day of July, 1911, upon the decision of the court rendered after a trial at the New York Special Term, and also from a judgment entered in said clerk’s office on the 30th day of March, 1912, which confirmed the report of a referee.
1Opinion of the Court
Clarke, J.:
This is a representative action brought by minority stock- . holders. The complaint charged a fraudulent conspiracy prior to January 20, 1908, to oust plaintiff W. C. Carr from the directorate and from the service of the defendant, the BrounGreen Company, and thereafter to waste the net assets of the Kcompany in payment of excessive salaries and wages, and sought recovery from the directors of alleged excesses of salaries and wages paid to officers and employees of the company in 1908 and 1909, after Carr’s ouster.
• The judgment of June 30, 1911, which this' court in a former…
2Cases cited12 opinions
- Sage v. . CulverNew York Court of Appeals · 1895
- Bosworth v. . AllenNew York Court of Appeals · 1901
- Jacobson v. . Brooklyn Lumber Co.New York Court of Appeals · 1906
- Barnes v. . BrownNew York Court of Appeals · 1880
- Coleman v. . Second Avenue R.R. Co.New York Court of Appeals · 1868
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3Cited by28 opinions
- Holcomb v. ForsythSupreme Court of Alabama · 1927
- Blaustein v. Pan American Petroleum & Transport Co.Appellate Division of the Supreme Court of the State of New York · 1941
- In Re the Accounting of MatesNew York Court of Appeals · 1948
- Gallin v. National City BankNew York Supreme Court · 1934
- Kreitner v. BurgwegerAppellate Division of the Supreme Court of the State of New York · 1916
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