Legal Opinion

Acken v. Coughlin

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1905PublishedCited by 5 opinions

Appeal by the defendants, Edward W. Coughlin and another, 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 2d day of February, 1905, appointing a temporary receiver of the property of the defendant The Coughlin-Sanford Switch Company, and granting an injunction pendente lite.

1Opinion of the Court

Ingraham, J.:

This action was brought by the plaintiff as a director of the defendant The Coughlin-Sanford Switch Company, under section 1781 of the Code of Civil Procedure, to compel the defendant Coughlin to account for his official conduct as a director and president of the corporation in the management and disposition of. the funds and property committed to his charge, and to compel him to pay to the corporation the money and the value of the property which he has acquired to hitpself, or lost or wasted by a violation of his duty. This action can be maintained in the courts of this State…

2Cases cited2 opinions

  1. Miller v. . QuincyNew York Court of Appeals · 1904
  2. Hallenborg v. GreeneAppellate Division of the Supreme Court of the State of New York · 1901

3Cited by5 opinions

  1. Delannoy v. QuetuCalifornia Court of Appeal · 1925
  2. Hotel 71 Mezz Lender LLC v. FalorAppellate Division of the Supreme Court of the State of New York · 2008
  3. McAtamney v. Commonwealth Hotel Const. Corp.District Court, S.D. New York · 1924
  4. Frankland v. Remington Phonograph Corp.Court of Chancery of Delaware · 1922
  5. Kent v. HonsingerU.S. Circuit Court for the District of Northern New York · 1909

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