Carter v. Good
New York Supreme Court
Appeal from special term, New York county. Action of Clara Carter against Brent S. H. Good and the Carter Medicine Company to set aside a sale of stock of the defendant corporation. Plaintiff’s father, Samuel Carter, the originator of “Carter’s Little Liver Pills,” united with a few other persons, among them the defendant Good, in forming the defendant corporation.
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Appeal from special term, New York county. Action of Clara Carter against Brent S. H. Good and the Carter Medicine Company to set aside a sale of stock of the defendant corporation. Plaintiff’s father, Samuel Carter, the originator of “Carter’s Little Liver Pills,” united with a few other persons, among them the defendant Good, in forming the defendant corporation. In 1884, Carter died, owning one-half of the stock of the corporation, and leaving plaintiff his only heir,—then 17 years old. Shortly after Carter’s death, defendant Good was appointed administrator of his estate, and also…
1Opinion of the CourtBrady, J.
The defendant occupies towards the plaintiff a fiduciary relation. He is the administrator of her father’s estate, and her guardian. In the former capacity, he came into possession of 100 shares of stock of the Harter Medicine Company, 60 shares of which were improperly disposed of by him with the ultimate design of owning them himself; a result existing and accomplished, as suggested. The price received for them was trifling, it as alleged, in view of their real value; the dividends having enormously increased year after year. The affidavit on which the order was obtained for the examination…
2Cases cited5 opinions
- Jenkins v. . PutnamNew York Court of Appeals · 1887
- Herbage v. . City of UticaNew York Court of Appeals · 1888
- Williams v. FolsomNew York Supreme Court · 1889
- Williams v. FolsomNew York Supreme Court · 1889
- Dyett v. SeymourNew York Supreme Court · 1888
3Cited by18 opinions
- Oshinsky v. GumbergAppellate Division of the Supreme Court of the State of New York · 1919
- Skinner v. SteeleNew York Supreme Court · 1895
- Dudley v. New York Filter Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Whitman v. KeileyAppellate Division of the Supreme Court of the State of New York · 1901
- Drake v. Weinman & Co.New York Court of Common Pleas · 1895
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