Hale v. Mason
New York Supreme Court
Appeal from special term, St. Lawrence county. Action by Ledyard Hale, as receiver of St. Lawrence Manufacturing Company, against Marcus P. Mason, to recover the sum of $50,000, as damages for breach by defendant of his duty as one of the directors of said company. From an order requiring plaintiff to file an undertaking in the sum of $3,000, as security for defendant’s costs, and staying all proceedings until such undertaking should be filed, plaintiff appeals.
1Opinion of the CourtPutnam, J.
Assuming that the court below had power to grant the order from which the appeal is taken, we think, under the circumstances of the case, such power should not have been exercised. The plaintiff was appointed receiver of the St. Lawrence Manufacturing Company, in proceedings to dissolve the' corporation on the application of the people, through the attorney general. He did not commence this action, but found it pending. It was commenced by the corporation long before his appointment. It did not appear that he was proceeding with the action in bad faith, or had been guilty of any…
2Cases cited6 opinions
- Phoenix Warehousing Co. v. . BadgerNew York Court of Appeals · 1876
- Darby v. ConditThe Superior Court of New York City · 1852
- Robinson v. SinclairCourt for the Trial of Impeachments and Correction of Errors · 1845
- Rutherford v. Town of MadridNew York Supreme Court · 1894
- Shepherd v. BurtThe Superior Court of New York City · 1854
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- De La Fleur v. BarneyNew York Supreme Court · 1904
- Allen v. McCormickNew York Supreme Court · 1920
- Cahn v. SugenheimerNew York Supreme Court · 1899
- Drago v. KavanaghAppellate Division of the Supreme Court of the State of New York · 1900