Legal Opinion

Kranich v. Bach

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

Decided May 2, 1924PublishedCited by 10 opinions

Appeal by the defendants, Louis P. Bach and others, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on or about the 1st day of May, 1923, upon the decision of the court rendered after a trial at the New York Special Term.

1Opinion of the Court

Finch, J.:

This is an action, brought by minority stockholders suing on behalf of themselves and all other stockholders similarly situated, to compel an accounting and declaration of dividends, the plaintiffs also claiming that salaries of certain of the officers were paid pursuant to resolutions voted on by said officers in their capacity of directors, and hence were illegal, or if legal, that said salaries were excessive. The chief grievance of the plaintiffs is that no dividends have been paid since 1916; and the real purpose of the action is to compel the declaration of dividends, the…

2Cases cited5 opinions

  1. Kilbourne v. Board of SupervisorsNew York Court of Appeals · 1893
  2. Planten v. National Nassau BankAppellate Division of the Supreme Court of the State of New York · 1916
  3. Lewis v. MatthewsAppellate Division of the Supreme Court of the State of New York · 1914
  4. Continental Insurance v. New York & Harlem RailroadNew York Court of Appeals · 1907
  5. Hastings v. International Paper Co.Appellate Division of the Supreme Court of the State of New York · 1919

3Cited by10 opinions

  1. Fed. Sec. L. Rep. P 96,366 Benjamin A. Cook v. Avien, Inc., James F. Pritchard, Benjamin A. Cook v. Avien, Inc.Court of Appeals for the First Circuit · 1978
  2. Pinnacle Consultants, Ltd. v. Leucadia National Corp.New York Court of Appeals · 2000
  3. Niedringhaus v. William F. Niedringhaus Investment Co.Supreme Court of Missouri · 1931
  4. Wellington Bull & Co. v. MorrisNew York Supreme Court · 1928
  5. Winter v. BernsteinNew York Supreme Court · 1991

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