Legal Opinion

Kroger v. Jaburg

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

Decided March 6, 1931PublishedCited by 8 opinions

1Opinion of the CourtFinch, J.

Plaintiffs appeal from an order dismissing the first ai.'d third causes of action of their amended complaint.

The question here presented is whether the facts therein alleged, if true, entitle the plaintiffs to equitable relief.

The action is brought by a director and minority stockholders of the defendant corporation. The complaint alleges, for a first cpiise of action, that ever since its organization in 1921 the business of the defendant corporation has been unprofitable and unsuccessful and conducted at a great loss, as a result of which its capital has be-en r ad is being impaired and its…

2Cases cited5 opinions

  1. Farmers' Loan & Trust Co. v. New York & Northern Railway Co.New York Court of Appeals · 1896
  2. Kavanaugh v. . Kavanaugh Knitting Co.New York Court of Appeals · 1919
  3. Bosworth v. . AllenNew York Court of Appeals · 1901
  4. White v. . KincaidSupreme Court of North Carolina · 1908
  5. Jameson v. Hartford Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1897

3Cited by8 opinions

  1. Leibert v. ClappNew York Court of Appeals · 1963
  2. Fontheim v. WalkerAppellate Division of the Supreme Court of the State of New York · 1953
  3. Gross v. PriceAppellate Division of the Supreme Court of the State of New York · 1954
  4. Reid v. Long Island Bond & Mortgage Guarantee Co.New York Supreme Court · 1949
  5. Leight v. 551 Fifth Avenue, Inc.Appellate Division of the Supreme Court of the State of New York · 1963

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