Miller v. Barlow
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Action by Theodore S. Miller, as a director of the Hondur-Americon Cattle, Agricultural & Colonization Company, against Peter T. Barlow and others. From an interlocutory judgment overruling a demurrer to the complaint, with costs, with leave to answer over on payment of costs, defendants appeal. Affirmed.
1Opinion of the CourtHatch, J.
This action is brought by the plaintiff, as a director of the Hondur-American Cattle, Agricultural & Colonization Company, a foreign corporation, duly incorporated under the laws- of West Virginia, and doing business in the state of New York, to compel the officers of that company to account for moneys which, they have received for the benefit of the company, and wrongfully used: for their private purposes. The complaint avers the incorporation-of the company; that the defendants are directors and officers of the same; that the plaintiff is a director; that in December, 1898, the firm of J.…
2Cases cited9 opinions
- Flynn v. . Brooklyn City R.R. Co.New York Court of Appeals · 1899
- Matter of Estate of StrautNew York Court of Appeals · 1891
- Bloom v. National United Benefit Savings & Loan Co.New York Court of Appeals · 1897
- Halpin v. Mutual Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Pondir v. New York, Lake Erie & Western RailroadNew York Supreme Court · 1893
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3Cited by1 opinion
- Ryan v. GrissingerNew York Supreme Court · 1912