Lapchak v. Baker
New York Court of Appeals
I. Section 61-b of the General Corporation Law as applied to this case, deprives both the plaintiff and her corporation, Barium, of their property without due process of law, in violation of the Fourteenth Amendment of the Constitution of the United States and sections 1 and 6 of article I of the Constitution of the State of New York.
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I. Section 61-b of the General Corporation Law as applied to this case, deprives both the plaintiff and her corporation, Barium, of their property without due process of law, in violation of the Fourteenth Amendment of the Constitution of the United States and sections 1 and 6 of article I of the Constitution of the State of New York. (Pritchard v. Norton, 106 U. S. 124; Graham & Foster v. Goodcell, 282 U. S. 409; Eoral v, Savory, Inc., 276 N. Y. 215; Thorne v. Brand, 277 N. Y. 212; Jacobus v. Colgate, 217 N. Y. 235; Edwards v. Kearsey, 96 IT. S. 595; Angel v. Bullingion, 330 U. S. 183;…
1Opinion of the Court
LougheaN, Ch. J.
This action was brought by a stockholder of the corporate defendant to recover in its behalf damages alleged to have been caused by acts of waste and mismanagement committed by the individual defendants as its officers and directors. On motion by the corporate defendant, the court at Special Term directed the plaintiff to file a surety company bond in the sum of $25,000 (or an equivalent pledge) to secure the corporate defendant for the reasonable expenses, including attorneys’ fees, which may be incurred by said defendant.in this action and for which it may become subject…
2Cases cited5 opinions
- South Carolina State Highway Department v. Barnwell Bros.Supreme Court of the United States · 1938
- O'Gorman & Young, Inc. v. Hartford Fire Ins. Co.Supreme Court of the United States · 1931
- East New York Savings Bank v. HahnSupreme Court of the United States · 1945
- East New York Savings Bank v. HahnNew York Court of Appeals · 1944
- Szold v. Outlet Embroidery Supply Co.New York Court of Appeals · 1937
3Cited by19 opinions
- Teeval Co. v. SternNew York Court of Appeals · 1950
- Fielding v. AllenCourt of Appeals for the Second Circuit · 1950
- Gordon v. EllimanNew York Court of Appeals · 1954
- Beyerbach v. Juno Oil Co.California Supreme Court · 1954
- Hausman v. BuckleyCourt of Appeals for the Second Circuit · 1962
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