Hutchinson v. Simpson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, John W. Simpson and another, as executors, etc., of John G. Moore, deceased, and others, from an. order of the Supreme Court, made at the New York Special Term. and entered in the office of the clerk of the county of New York on the 13th day of May, 1902, denying the appellants’ motion to vacate an order for the examination of the defendants Grant B. Schley and others, for the purpose of enabling the plaintiffs to frame their complaint.
1Opinion of the Court
Laughlin, J.:
The summons has been served, and the moving affidavits show that this is a representative action brought by the plaintiffs as stockholders of the American Malting Company, a New Jersey corporation, to require the defendants, other than the American Malting Company, to “account” to that company for “secret profits” alleged to have been realized by them as “ promoters ” of the company ; and it is stated in the affidavits that the judgment to be demanded “ will be that the defendants account to the American Malting Company for all stocks and moneys received by them in the promotion…
2Cases cited1 opinion
- St. John v. BuckleyAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by4 opinions
- Diefendorf v. FennAppellate Division of the Supreme Court of the State of New York · 1908
- In re GardnerAppellate Division of the Supreme Court of the State of New York · 1908
- Butler v. DukeNew York Supreme Court · 1902
- Elmes v. DukeNew York Supreme Court · 1902