Tri-bullion Smelting & Development Co. v. Corliss
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Allen Curtis and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 11th day of April, 1918, upon a verdict, and also from an order entered on the 5th day of April, 1918, denying a motion for a new trial made upon the minutes.
1Opinion of the Court
Merrell, J.:
This action is brought by the plaintiff, an Arizona corporation, to recover of the defendants, who were formerly directors of the company,- moneys misappropriated by one Harry 'J. Clarke, the treasurer of 'said plaintiff corporation, at a time when said defendant directors were serving as such. Service *615of the summons herein was only made upon three of the defendants, who are the appellants Allen Curtis, Ellis P. Earle and Howard Paschal. After the service of the summons and complaint upon said defendants, the defendant Earle made a motion to make the complaint herein more definite…
2Cases cited7 opinions
- Brinckerhoff v. . BostwickNew York Court of Appeals · 1882
- Hun v. . CaryNew York Court of Appeals · 1880
- General Rubber Co. v. . BenedictNew York Court of Appeals · 1915
- Morgan v. United States Mortgage & Trust Co.New York Court of Appeals · 1913
- Higgins v. TefftAppellate Division of the Supreme Court of the State of New York · 1896
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3Cited by3 opinions
- Winter v. AndersonAppellate Division of the Supreme Court of the State of New York · 1934
- Curtis v. WelkerCourt of Appeals for the D.C. Circuit · 1924
- Robertson v. SchoonmakerNew York Supreme Court · 1935