Baum v. Stockell
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Frank W. Baum, individually and as committee, etc., 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 22d day of March, 1915, denying his motion for leave to serve a supplemental summons and complaint.
1Opinion of the Court
Laughlin, J.:
This is an action by a stockholder in behalf of himself and all other stockholders of the Publishers Plate Company in the right of the company primarily to compel the defendants Hasbrouck, Oarley and Quinn to account to the company, by accounting to the defendant Stockell as assignee for the benefit of its creditors, for alleged mismanagement and waste by them as its directors and officers.
The original complaint shows that 974 shares of a total issue of 1,000 shares of the capital stock of said company were owned by Benjamin P. Curtis, who died on the 28th day of October, 1908,…
2Cases cited2 opinions
- Brewster v. F. G. Brewster Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Herbert v. De MuriasAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by1 opinion
- Ponticello v. Prudential Insurance Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 1953