Legal Opinion
Cox v. Leahy
Appellate Division of the Supreme Court of the State of New York
Decided May 8, 1924PublishedCited by 6 opinions
1Opinion of the Court
Vah Kirk, J.:
The plaintiff is the trustee in bankruptcy of the Kingsbury-Leahy Company. There were three causes of action stated in the complaint, but of these the cause of action tried and decided was the action under section 28 of the Stock Corporation Law of 1909,* to recover the loss sustained by the corporation or its creditors by the *315declaration and payment of a fifty per cent dividend. The trustee in bankruptcy of the corporation may maintain such an action. The cause of action survives the death of a party defendant. (German-American Coffee Co. v. Johnston, No. 1, 168 App. Div. 31.)…
2Cases cited5 opinions
- Frank Gilbert Paper Co. v. PrankardAppellate Division of the Supreme Court of the State of New York · 1923
- Equitable Life Assurance Society of United States v. Union Pacific RailroadNew York Court of Appeals · 1914
- Shaw v. Ansaldi Co.Appellate Division of the Supreme Court of the State of New York · 1917
- German-American Coffee Co. v. JohnstonAppellate Division of the Supreme Court of the State of New York · 1915
- Equitable Life Assurance Society v. Union Pacific RailroadAppellate Division of the Supreme Court of the State of New York · 1914
3Cited by6 opinions
- Duffy v. CommissionerUnited States Tax Court · 1943
- Ulness v. DunnellNorth Dakota Supreme Court · 1931
- Duffy v. CommissionerUnited States Tax Court · 1943
- Freund v. BehnAppellate Division of the Supreme Court of the State of New York · 1944
- Greene v. BoardmanNew York Supreme Court · 1932
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