Bailey v. Colleen Products Corp.
New York Supreme Court
Motion by defendants to dismiss the complaint on the ground that it does not state a cause of action, and motion by plaintiff for an interlocutory judgment of accounting.
1Opinion of the CourtAngell, J.
The complaint is in equity. Defendant moves for its dismissal, alleging that it does not state a cause of action. Its gravamen is that plaintiff Bailey and defendant Barnett planned in 1919 the formation of defendant corporation (first organized under another name) for the manufacture of milk products; that each was to contribute certain moneys and defendant in addition real property which he owned, and that stock was to be issued to them for their contributions; .that the corporation was formed, defendant Barnett becoming its secretary and treasurer; that plaintiff paid into said corporation…
2Cases cited8 opinions
- Sage v. . CulverNew York Court of Appeals · 1895
- Bosworth v. . AllenNew York Court of Appeals · 1901
- Schantz v. . OakmanNew York Court of Appeals · 1900
- People v. Equitable Life Assurance Society of United StatesAppellate Division of the Supreme Court of the State of New York · 1908
- Jessup v. . CarnegieNew York Court of Appeals · 1880
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3Cited by3 opinions
- Platt Corp. v. PlattAppellate Division of the Supreme Court of the State of New York · 1964
- Norton v. Southern Railway Co.City of New York Municipal Court · 1930
- Million v. Metropolitan Casualty InsuranceIndiana Court of Appeals · 1930