Legal Opinion · Dissent
Freund v. Behn
Appellate Division of the Supreme Court of the State of New York
Decided March 24, 1944Published
1DissentDore, J.
In a derivative action by a stockholder of American & Foreign Power Company, Inc., against Electric Bond & Share Company and individual defendants, directors or officers of the American Company, five causes of action were originally pleaded; all were withdrawn but the first two. The issue on appeal is the legal sufficiency of such first two causes of action.
After alleging domination and control of Foreign Power by Electric Bond, plaintiff in the first cause of action charges that defendants caused Foreign Power prior to 1935 to borrow from Electric Bond large sums of money at allegedly…
2Cases cited14 opinions
- Beveridge v. New York Elevated RailroadNew York Court of Appeals · 1889
- Kalmanash v. SmithNew York Court of Appeals · 1943
- Gerdes v. ReynoldsNew York Court of Appeals · 1939
- New York, Lake Erie, & Western Railroad v. NickalsSupreme Court of the United States · 1886
- Blaustein v. Pan American Petroleum & Transport Co.Appellate Division of the Supreme Court of the State of New York · 1941
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