Legal Opinion

Dykman v. . Keeney

New York Court of Appeals

Decided December 14, 1897PublishedCited by 35 opinions

Appeal, by certification, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 9, 1897, which affirmed an interlocutory-judgment in favor of plaintiff overruling a de'murrer to the complaint. The allegations of the complaint, the grounds of the demurrer and the questions certified are stated in the opinion.

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Appeal, by certification, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 9, 1897, which affirmed an interlocutory-judgment in favor of plaintiff overruling a de'murrer to the complaint. The allegations of the complaint, the grounds of the demurrer and the questions certified are stated in the opinion. An action in equity by a corporation or its receiver against its delinquent directors will not lie to compel them to account for damages due to the negligent or other tortious acts of the directors unattended with profits to such…

1Opinion of the CourtGray, J.

This action is brought by the receiver of the Commercial Bank against certain persons, who either were formerly directors of_the,.bank, or who are the personal representatives of deceased directors. The complaint alleges that these directors were such between April, 1886, and August, 1893; some during all of that period of time and others during varying periods of time between those dates. It charges the defendants, during the several periods while they were in office, with conduct which was negligent, wasteful and in violation of the statute in many respects and the result of which was to…

2Cases cited7 opinions

  1. Brinckerhoff v. . BostwickNew York Court of Appeals · 1882
  2. O'Brien v. . FitzgeraldNew York Court of Appeals · 1894
  3. Brinckerhoff v. . BostwickNew York Court of Appeals · 1887
  4. O'Brien v. FitzgeraldAppellate Division of the Supreme Court of the State of New York · 1896
  5. Higgins v. TefftAppellate Division of the Supreme Court of the State of New York · 1896

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3Cited by35 opinions

  1. Potter v. WalkerNew York Court of Appeals · 1937
  2. People v. Equitable Life Assurance Society of United StatesAppellate Division of the Supreme Court of the State of New York · 1908
  3. Emerson v. GaitherCourt of Appeals of Maryland · 1906
  4. Fisher v. ParrCourt of Appeals of Maryland · 1901
  5. Hanna v. . LyonNew York Court of Appeals · 1904

30 more not listed; retrieve them via the Exa API.

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