Legal Opinion

McHarg v. Commonwealth Finance Corp.

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

Decided April 1, 1921PublishedCited by 8 opinions

Appeal by Laurence McGuire and another, as receivers of the defendant Commonwealth Finance Corporation, 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 2d day of February, 1921, discontinuing the action without making any provision for the payment of the expenses of said receivership and the compensation of said receivers.

1Opinion of the Court

Laughlin, J.:

This is an action by a stockholder of the defendant company, which is a foreign corporation, in the right of the company for an accounting by the directors for acts of waste and negligence, and for the appointment of receivers, and for an injunction .restraining the directors from interfering with the possession of the receivers.

The action was commenced on the 10th of September, 1920. Defendants all appeared and joined issue on some of the material allegations of the complaint. Plaintiff, thereafter moved for the appointment of a receiver of the property of the corporation within…

2Cases cited8 opinions

  1. Ogden City v. Bear Lake & River Water-Works & Irrigation Co.Utah Supreme Court · 1898
  2. Woerishoffer v. North River Constraction Co.New York Court of Appeals · 1885
  3. Pittsfield National Bank v. BayneNew York Court of Appeals · 1893
  4. City of St. Louis v. St. Louis Gas-Light Co.Missouri Court of Appeals · 1881
  5. Ervin v. CollierMontana Supreme Court · 1877

3 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. State Ex Rel. Weede v. Iowa Southern Utilities Co. of DelawareSupreme Court of Iowa · 1942
  2. City of New York v. Big Six Towers, Inc.New York Supreme Court · 1969
  3. Bynoe v. Riverside ChurchNew York Supreme Court · 2006
  4. Clark v. ClarkNew York Supreme Court · 1928
  5. Sandelman v. 21 East 63rd Street Corp.Appellate Division of the Supreme Court of the State of New York · 1965

3 more not listed; retrieve them via the Exa API.

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