Perry v. . Van Norden Trust Co.
New York Court of Appeals
Appeal from an order of tlic Appellate Division of the Supreme Court in the first judicial department, entered March 22, 1907, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an order of tlic Appellate Division of the Supreme Court in the first judicial department, entered March 22, 1907, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff utterly failed to prove a cause of action on his first count in his amended complaint against the defendant under the provisions of section 48 of the Stock Corporation Law. (Halbert v. Pranke, 97 N. W. Rep. 976; Martin v.…
1Opinion of the CourtHiscock, J.
The complaint purported to set forth two causes of action. By the first of these respondent attacked and sought to set aside certain payments of money and transfers of accounts by the Broadway Trimmed Hat Company while insolvent as made in contravention of the provisions of section 48 of the Stock Corporation Law. By the second cause of action respondent sought to enforce an accounting by the appellant for moneys claimed to have been collected by it on accounts assigned to it by said company.
The respondent on this appeal does not assert any right to recover on the latter cause of action or…
2Cited by15 opinions
- Matters v. Manufacturers' Trust Co.Court of Appeals for the Second Circuit · 1932
- Grandison v. RobertsonCourt of Appeals for the Second Circuit · 1916
- Atherton v. EmersonMassachusetts Supreme Judicial Court · 1908
- Kolkman v. Manufacturers' Trust Co.Court of Appeals for the Second Circuit · 1928
- Smith v. PowersDistrict Court, N.D. New York · 1919
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