Momand v. Landers
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, George M. Landers and another, 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 13th day of June, 1916, directing certain questions of fact claimed to be involved in the issues arising from the pleadings herein to be tried by a jury.
1Opinion of the Court
Smith, J.:
This action is brought under section 90 of the General Corporation Law (Consol. Laws, chap. 23; Laws of 1909, chap. 28), which provides for an action against officers of a corporation for neglect and misconduct. The appeal is by the defendants Landers and Livermore from an order of Special Term settling issues to be tried by a jury under subdivision 7 of section 90. That subdivision reads as follows: “ The court must, upon the application of either party, make an order directing the trial by a jury of the issue of neglect or failure of defendants to perform their duties; and for…
2Cited by2 opinions
- Herman v. GutmanAppellate Division of the Supreme Court of the State of New York · 1935
- Bronson v. MillikinNew York Supreme Court · 1939