Legal Opinion
Dibblee v. Metcalf
New York Court of Common Pleas
Decided June 3, 1895PublishedCited by 1 opinion
Appeal from equity term. Action by John W. Dibblee, a creditor of the Metropolitan Board of Retail Trade, in behalf of himself and others against Horace Metcalf and others. From a judgment entered on an order dismissing the complaint, plaintiff appeals.
1Opinion of the CourtBisohoff, J.
In this action, recovery was sought against the defendants for loss sustained by plaintiff on account of the alleged fraudulent diversion of assets of a certain corporation by the former,, when acting in the capacity of its officers. At the trial the complaint was dismissed without any proof having been adduced, the learned trial judge basing the ruling upon the allegations of the first paragraph of the pleading, which reads as follows:
“(1) That the defendants, and each of them, were the trustees who had the management and control of the corporation known as the Metropolitan Board of Retail…
2Cases cited5 opinions
- Clark v. . DillonNew York Court of Appeals · 1884
- The Phoenix Bank v. . DonnellNew York Court of Appeals · 1869
- Forker v. BrownNew York Court of Common Pleas · 1894
- Buckley v. HarrisonNew York Court of Common Pleas · 1895
- Hathaway v. Orient InsuranceNew York Supreme Court · 1890
3Cited by1 opinion
- Schaick v. Jarcho Bros.City of New York Municipal Court · 1934