Phenix National Bank v. A. B. Cleveland Co.
New York Supreme Court
Action by the Phenix National 'Bank against A. B. Cleveland Company, Limited, Conrad N. Jordan, Peter W. Gallaudet and George M. Hard, impleaded with others. Defendants demurred to the complaint on the grounds (1) that it did not state facts sufficient to constitute a cause of action; (2) that there was a defect of parties defendant.
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Action by the Phenix National 'Bank against A. B. Cleveland Company, Limited, Conrad N. Jordan, Peter W. Gallaudet and George M. Hard, impleaded with others. Defendants demurred to the complaint on the grounds (1) that it did not state facts sufficient to constitute a cause of action; (2) that there was a defect of parties defendant. It is in substance alleged in the complaint that the A. B. Cleveland Company, Limited, was a domestic corporation; that the defendant Hard was president, and the defendant Stearns treasurer, of such corporation; that defendants Hard, Stearns, Jordan, Thurber, and…
1Opinion of the CourtMartin, J.
It is quite obvious that this action was brought under sections 1781 and 1782 of the .Code of Civil Procedure, which, so far as material to the questions involved, are as follows: “Sec. 1781. An action may be maintained against one or more trustees, directors, managers, or other officers of a corporation, to procure a judgment for the following purposes, or so much thereof as the case requires: (1) Compelling the defendants to account for their official conduct in the management and disposition of the funds and property committed to their charge; (2) compelling them to pay to the corporation…
2Cases cited11 opinions
- Marie v. . GarrisonNew York Court of Appeals · 1880
- Hatch v. DanaSupreme Court of the United States · 1880
- Bartlett v. . DrewNew York Court of Appeals · 1874
- Lorillard v. . ClydeNew York Court of Appeals · 1881
- Milliken v. Western Union Telegraph Co.New York Court of Appeals · 1888
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3Cited by4 opinions
- Watkins v. WatkinsAppellate Division of the Supreme Court of the State of New York · 1896
- Empire State Pickling Co. v. BennettNew York Supreme Court · 1929
- Phœnix Nat. Bank v. ThurberNew York Supreme Court · 1891
- Sprogg v. DichmanNew York Supreme Court · 1899