Simmons v. Hazard
New York Supreme Court
Appeal from special term, Hew York county. Action by Richard L. Simmons, as administrator of the estate of Celia R. Simmons, deceased, against Edward 0. Hazard and others, to recover damages for an alleged fraud in the management of the affairs of a corporation. Plaintiff obtained an order for the examination before trial of defendants Edward C. Hazard and Lewis A. Osborn.
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Appeal from special term, Hew York county. Action by Richard L. Simmons, as administrator of the estate of Celia R. Simmons, deceased, against Edward 0. Hazard and others, to recover damages for an alleged fraud in the management of the affairs of a corporation. Plaintiff obtained an order for the examination before trial of defendants Edward C. Hazard and Lewis A. Osborn. From an order denying a motion to vacate the order for their examination under Code Civil Proc. § 873, defendants Hazard and Osborn appeal. Reversed. For decision on former appeal by defendants from an order refusing to…
1Opinion of the CourtO’Brien, J.
The plaintiff was substituted for Celia R. Simmons, who originally appeared in this action for herself and others who might elect to join therein against the defendants, except the receiver, as directors and officers of the Co-operative Life & Accident Association of the United States, to recover damages, on the ground of alleged fraud in the management of the affairs of that company, misapplication and misappropriation of its funds, and unlawful disposition.of its property. Certain objections to the sufficiency of the order for the examination of these defendants were presented to the court,…
2Cases cited1 opinion
- Simmons v. HazardNew York Supreme Court · 1890