Legal Opinion

Miller v. Barlow

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

Decided July 1, 1903PublishedCited by 9 opinions

Appeal by the defendants, Peter T. Barlow and another, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office, of the clerk of the county of .New York on the 7th day of August, 1902, upon the decision of the-court, rendered after a trial at the New York Special Term, overruling the said defendants’ demurrer to the amended complaint.

1Opinion of the Court

Hatch, J.:

This action is brought by the plaintiff as a director of theHondur-American Cattle, Agricultural and Colonization Company,, a foreign corporation, duly incorporated under the laws of West' Virginia and doing business in the State of New York, to compel the officers of that company to account for moneys which they have-received for the benefit of the company and wrongfully used for-their private purposes. The complaint avers the incorporation of’ the company; that the defendants are directors and officers of the-same; that the plaintiff is a director; that in December, 1898, the firm…

2Cases cited8 opinions

  1. Flynn v. . Brooklyn City R.R. Co.New York Court of Appeals · 1899
  2. Matter of Estate of StrautNew York Court of Appeals · 1891
  3. Bloom v. National United Benefit Savings & Loan Co.New York Court of Appeals · 1897
  4. Halpin v. Mutual Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1897
  5. Pondir v. New York, Lake Erie & Western RailroadNew York Supreme Court · 1893

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3Cited by9 opinions

  1. Manix v. FantlAppellate Division of the Supreme Court of the State of New York · 1924
  2. Katz v. BrazNew York Supreme Court · 1946
  3. Steele v. IsmanAppellate Division of the Supreme Court of the State of New York · 1914
  4. Case v. New York Mutual Savings & Loan Ass'nAppellate Division of the Supreme Court of the State of New York · 1903
  5. Williams v. RobinsonNew York Supreme Court · 1957

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