Legal Opinion

Stratton v. Bertles

Appellate Division of the Supreme Court of the State of New York

Decided April 7, 1933PublishedCited by 7 opinions

1Opinion of the CourtTownley, J.

This action is brought by the trustees in bankruptcy of a Delaware corporation, Clarence Saunders Stores, Inc., to *88recover from defendant, respondent, Bertles, the amount of dividends which the defendant as a director of that corporation is alleged to have participated in declaring in violation of the Delaware statute. The action is based on sections 34 and 35 of the General Corporation Law of the State of Delaware, which are pleaded. The amount sought is $127,975.86. This sum is the aggregate of four allegedly unlawfully declared dividends which were paid out in 1929. During this period the…

2Cases cited13 opinions

  1. Ward v. City Trust Co. of New YorkNew York Court of Appeals · 1908
  2. Marshall v. . ShermanNew York Court of Appeals · 1895
  3. Bartlett v. . DrewNew York Court of Appeals · 1874
  4. Merchants' Bank of New Haven v. BlissNew York Court of Appeals · 1866
  5. Darcy v. Brooklyn & New York Ferry Co.New York Court of Appeals · 1909

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3Cited by7 opinions

  1. Hausman v. BuckleyCourt of Appeals for the Second Circuit · 1962
  2. Upson v. OtisCourt of Appeals for the Second Circuit · 1946
  3. Hausman v. BuckleyCourt of Appeals for the Second Circuit · 1962
  4. In re the Estate of CohenNew York Surrogate's Court · 1933
  5. Morris v. SampsellWisconsin Supreme Court · 1937

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