Holmes v. Camp
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Edward C. Smith, 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 April, 1918, resettling a prior order, granting plaintiffs’ motion to make Clinton H. Crane, as president, and Edwards Whitaker and others, as statutory trustees of defendant Doe Run Lead Company, parties defendant, and granting to plaintiffs leave to issue and to serve a…
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Appeal by the defendant, Edward C. Smith, 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 April, 1918, resettling a prior order, granting plaintiffs’ motion to make Clinton H. Crane, as president, and Edwards Whitaker and others, as statutory trustees of defendant Doe Run Lead Company, parties defendant, and granting to plaintiffs leave to issue and to serve a supplemental summons and complaint upon these persons. An appeal is also taken from the original order before it was resettled.
1Opinion of the Court
Shearn, J.:
This case presents a somewhat troublesome question. The action is a representative one brought by stockholders in behalf of the Doe Run Lead Company to compel the defendants to account for certain shares of St. Joseph Lead Company stock and the profits derived therefrom by way of stock and cash dividends and the proceeds of any such shares and the accretions thereto which may have been sold. The substance of the allegations is that the officers and directors of the Doe Run Lead Company sold 18,679 shares of the capital stock of the St. Joseph Lead Company which were equitably owned…
2Cases cited6 opinions
- Relfe v. RundleSupreme Court of the United States · 1881
- Martyne v. . American Union Fire Ins. Co.New York Court of Appeals · 1915
- Holmes v. . CampNew York Court of Appeals · 1916
- Holmes v. CampAppellate Division of the Supreme Court of the State of New York · 1917
- Seagrist v. ReidAppellate Division of the Supreme Court of the State of New York · 1916
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Harry Lewis v. Earle A. Chiles, Howard Burnett, Virgil Campbell, Earl M. Chiles, Cyril K. GreenCourt of Appeals for the Ninth Circuit · 1983
- Gabhart v. GabhartIndiana Supreme Court · 1977
- Platt Corp. v. PlattAppellate Division of the Supreme Court of the State of New York · 1964
- Marco v. DullesDistrict Court, S.D. New York · 1959
- Imperial Water Co. No. 3 v. HallCalifornia Supreme Court · 1926
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