Legal Opinion
Accounting of Parascandola v. National Surety Co.
New York Court of Appeals
Decided November 20, 1928PublishedCited by 76 opinions
1Opinion of the CourtCrane, J.
The case of General Rubber Co. v. Benedict (215 N. Y. 18) is authority for the principle applied by the courts below. Frank Auditore occupied two positions of trust; one as an officer and director of the Auditore Contracting Co., Inc., and the other as administrator with the will annexed of the estate of his brother Joseph Auditore.
For the misappropriations of the corporate funds by Frank, he has been held liable to the corporation in a suit brought in its behalf by a stockholder. The judgment has not been paid. The estate of Joseph Auditore owned fifty per cent of the stock. This was held in…
2Cases cited2 opinions
- General Rubber Co. v. . BenedictNew York Court of Appeals · 1915
- Niles v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1903
3Cited by76 opinions
- Commonwealth v. DavisTexas Supreme Court · 1942
- In re the Accounting of HubbellNew York Court of Appeals · 1951
- Thomas A. Vincel v. White Motor Corporation and Glenn F. KommerCourt of Appeals for the Second Circuit · 1975
- Barker v. City of Santa FeNew Mexico Supreme Court · 1943
- Waller v. WallerCourt of Appeals of Maryland · 1946
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