Sherwood v. Holbrook
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Theodore S. Holbrook and others, 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 17th day of February, 1917, overruling the separate demurrers of certain of the defendants to the complaint.
1Opinion of the Court
Laughlin, J.:
This is an action by the trustee in bankruptcy of Holbrook & Schaefer, Inc., to compel the defendants to account for property of the bankrupt corporation alleged to have been transferred by some of them as officers of the corporation and to have been received by the others when to their knowledge the corporation was insolvent and about to suspend business. All of the appellants with the exception of vom Saal were officers and directors of the corporation and he was the brother-in-law of Edward Schaefer.
*464It is alleged that Theodore S. Holbrook and Edward Schaefer, acting…
2Cases cited8 opinions
- Southard v. . BennerNew York Court of Appeals · 1878
- Brinkerhoff v. BrownNew York Court of Chancery · 1822
- Darcy v. Brooklyn & New York Ferry Co.New York Court of Appeals · 1909
- Cole v. Millerton Iron Co.New York Court of Appeals · 1892
- Caesar v. BernardAppellate Division of the Supreme Court of the State of New York · 1913
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3Cited by16 opinions
- Buttles v. SmithNew York Court of Appeals · 1939
- In Re Anjopa Paper & Board Manufacturing Co.District Court, S.D. New York · 1967
- Quinn v. PostDistrict Court, S.D. New York · 1967
- Syracuse Television, Inc. v. Channel 9, Syracuse, Inc.New York Supreme Court · 1966
- Katz v. BrazNew York Supreme Court · 1946
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