Best v. Nathan
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Leigh Best and another, from so much of 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 6th day of December, 1917, as resettled by an order entered in said clerk’s office on the 19th day of February, 1918, as directs that certain questions be stated for trial by a jury.
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Appeal by the plaintiffs, Leigh Best and another, from so much of 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 6th day of December, 1917, as resettled by an order entered in said clerk’s office on the 19th day of February, 1918, as directs that certain questions be stated for trial by a jury. Appeal by the defendants, Alfred Nathan and others, from so much of said orders as denies their motion for the statement of an additional question for trial by a jury.
1Opinion of the Court
Shearn, J.:
These are appeals by the plaintiffs froto so touch of an order in each of two equity suits as directs that certain questions therein set forth be stated for trial by a jury. The defendants have appealed from so much of each order as denies their motion for a statement of an additional question.
The actions are the ordinary ones brought by a minority stockholder of a corporation against its directors and the corporation to compel an accounting for moneys of the corporation unlawfully diverted to the use of officers of the company, and to rescind the resolutions pursuant to which the…
2Cited by2 opinions
- Cantor v. SachsNew York Supreme Court · 1932
- Wilkay Corp. v. Goldman Sachs Trading Corp.New York Supreme Court · 1932