Weber v. Wallerstein
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Edward Wallerstein and others, from ap order of the Supreme Court, made at the Oneida Special Term and entered in the office of the clerk of the county of Oneida on the 8th day of June, 1905, appointing a temporary receiver of the defendant corporation, Edward ^Wallerstein & Company.
1Opinion of the Court
Spring, J.:
The respondent has commenced this action as a stockholder of the corporation of Edward Wallerstein & Co., charging that its assets haye been fraudulently diverted, and seeks to have them restored to the corporation.
This court has held the complaint states the cause of action mentioned (Weber v. Wallerstein, No. 1, 111 App. Div. 693). The allegations of the complaint are all set forth on information and belief. A motion was made by the plaintiff upon the complaint and the demurrers' thereto for the appointment of a temporary receiver of the corporation. The defendants appeared and…
2Cases cited2 opinions
- Kieley v. Barron & Cooke Heating & Power Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Weber v. WallersteinAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by3 opinions
- Fenn v. W. M. Ostrander, Inc.Appellate Division of the Supreme Court of the State of New York · 1909
- State ex rel. Fatzer v. MolitorSupreme Court of Kansas · 1953
- People v. Oriental BankAppellate Division of the Supreme Court of the State of New York · 1908