Latimer v. Eddy
New York Supreme Court
THIS was an action brought by the plaintiff, as trustee, against his co-trustees, to compel them to account for and pay to the company its money, which he alleges they had lost and wasted and converted to their own use, in pursuance of a combination among themselves and with others to defraud the company of all its income.
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THIS was an action brought by the plaintiff, as trustee, against his co-trustees, to compel them to account for and pay to the company its money, which he alleges they had lost and wasted and converted to their own use, in pursuance of a combination among themselves and with others to defraud the company of all its income. The complaint alleges that, on the 12th day o.f- November, 1858, The Nevada Water Company was incorporated, under the mining laws of this state, to carry on the business of gold mining in the state of California, • particularly that branch of it which consists in the sale…
1Opinion of the CourtSutherland, J.
This action was brought under sections 33 and 35 of the statute conferring equity jurisdiction over corporations and their managers, trustees and officers in certain cases. (1 R. S. 462, 463, 1st ed.) The principal relief asked for by the complaint is, the removal of the individual defendants, trustees of the corporation, from their office of trustee.
I see no reason to doubt that the. action was properly brought in the name of the plaintiff as a trustee. (See § 35 above referred to.) The preliminary injunction which was granted in this case, and which the plaintiff moved to have continued,…
2Cited by3 opinions
- Belmont v. Erie Railway Co.New York Supreme Court · 1869
- In re Atlas Iron Construction Co.The Superior Court of the City of New York and Buffalo · 1895
- In re Atlas Iron Construction Co.The Superior Court of New York City · 1895