Powell v. Schoellkopf
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, C. P. Hugo Schoellkopf, from an order of the Supreme Court, made at the Ontario Special Term and entered in the office of the clerk of the county of Ontario on the 22d day of April, 1921, modifying an order granted on the 24th day of March, 1921, so that the defendant should have fifteen days.to answer, upon certain terms and conditions; also from an order made at the Erie Special Term and entered in said clerk’s office on the same day modifying the…
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Appeal by the defendant, C. P. Hugo Schoellkopf, from an order of the Supreme Court, made at the Ontario Special Term and entered in the office of the clerk of the county of Ontario on the 22d day of April, 1921, modifying an order granted on the 24th day of March, 1921, so that the defendant should have fifteen days.to answer, upon certain terms and conditions; also from an order made at the Erie Special Term and entered in said clerk’s office on the same day modifying the last-mentioned order on .certain terms and conditions, and also from an order made at the Monroe Special Term and…
1Opinion of the Court
Davis, J.:
On March 4, 1921, the plaintiff brought this action, laying the venue in Ontario county, where he resided. The complaint set forth a cause of action for fraud and deceit and for unlawful and oppressive acts of the defendant as majority stockholder of a corporation.
In brief, the claim of the plaintiff is that he, with two associates, were the stockholders in a large corporation, of which he was president, the defendant holding a minority of the stock; that the other stockholder desired td retire, and that the défendant, aided by his attorney, conducted certain *473negotiations whereby…
2Cases cited1 opinion
- Dembitz v. Orange County Traction Co.Appellate Division of the Supreme Court of the State of New York · 1911
3Cited by3 opinions
- Allen v. FinkAppellate Division of the Supreme Court of the State of New York · 1925
- Versatile Furniture Products, Inc. v. 32-8 Maujer Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 1983
- In re the Probate of the Will of Van De WalkerAppellate Division of the Supreme Court of the State of New York · 1923