Fenn v. W. M. Ostrander, Inc.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, W. H. Ostrander, Incorporated, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 10th day of April, 1909, appointing a receiver pendente Ute for the defendant corporation.
1Opinion of the Court
Scott, J.:
This is a representative action brought by plaintiff as a stockholder in the corporation known as W. H. Ostrander, Inc., in behalf of herself and other stockholders similarly situated who may join with her and contribute to the expenses of the action. The *312action is brought under section 1781 of the Code of Civil Procedure for the purpose of compelling the defendants who are officers of the corporation to account for their official conduct, and to; restore to the corporation any money aiid the valué of any property which they have acquired to themselves or transferred to others or…
2Cases cited2 opinions
- Phillips v. Sonora Copper Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Weber v. WallersteinAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by6 opinions
- Miller v. Albertina Realty Co.Appellate Division of the Supreme Court of the State of New York · 1921
- State ex rel. Fatzer v. MolitorSupreme Court of Kansas · 1953
- Van Tuyll Fenn v. W. M. Ostrander, Inc.Appellate Division of the Supreme Court of the State of New York · 1909
- Romano v. Belt Painting Corp.Appellate Division of the Supreme Court of the State of New York · 1980
- Ketcham v. ProvostAppellate Division of the Supreme Court of the State of New York · 1911
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