Rottenberg v. Englander
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Oscar Englander, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 21st day of June, 1918, denying defendant’s motion to strike this cause from the Special Term calendar.
1Opinion of the Court
Smith, J.:
The action is brought under section 66 of the Stock Corporation Law (Consol. Laws, chap. 69; Laws of 1909, chap. 61) to recover from the defendant the sum of $2,796.38 claimed to have been paid by the Empire State Suspender Company to the defendant in violation of the provisions of that section. The sole question in this case is whether the defendant is entitled to a jury trial of the issues.
In the prayer for relief it is asked that the said payment be declared to be in violation of the said statute and that the defendant be decreed and ordered to account for and pay over to the…
2Cases cited5 opinions
- Allen v. . GrayNew York Court of Appeals · 1911
- Cohen v. SmallAppellate Division of the Supreme Court of the State of New York · 1907
- Stern v. MayerAppellate Division of the Supreme Court of the State of New York · 1904
- Coudert v. . JarvisNew York Court of Appeals · 1907
- Cohen v. . SmallNew York Court of Appeals · 1908
3Cited by1 opinion
- Walker Discount Corp. v. Valley Banquet Hall, Inc.New York Supreme Court · 1962