Legal Opinion
Marcus v. Otis
Court of Appeals for the Second Circuit
Decided August 12, 1948No. 257, Docket 20969PublishedCited by 16 opinions
1Opinion of the Court
AUGUSTUS N. HAND, Circuit Judge.
No ground has been shown for a reconsideration of our holding in the prior opinion by Judge L. Hand that defendants’ liability is based upon a misappropriation of corporate funds and not upon a conversion of stock of Majestic acquired by Automatic and then converted by the defendants. However, the award to Automatic of profits realized by defendants upon the stock of Majestic purchased with the corporate funds, as provided for in the opinion of Judge Augustus N. Hand in which Judge Chase has concurred, should be made more specific with reference to certain…
2Cases cited1 opinion
- Smolowe v. Delendo CorporationCourt of Appeals for the Second Circuit · 1943
3Cited by16 opinions
- John B. Janigan v. Frederick B. TaylorCourt of Appeals for the First Circuit · 1965
- State of West Virginia v. Chas. Pfizer & Co.District Court, S.D. New York · 1970
- In re Sumitomo Copper LitigationDistrict Court, S.D. New York · 1999
- Schein v. ChasenCourt of Appeals for the Second Circuit · 1973
- Fed. Sec. L. Rep. P 94,596 Ohio Drill & Tool Co. v. Fred H. JohnsonCourt of Appeals for the Sixth Circuit · 1974
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