Welcke v. Trageser
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, William C. Trageser and others, from 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 29th day of January, 1909, denying the defendants’ motion to strike out of the complaint paragraphs 3, 4, 6, 8, 9, 10, 52 and 53, and that part of paragraph 42, including and after the words “ a copy of exhibits,” and all of paragraph 55, including and after the words “ not only…
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Appeal by the defendants, William C. Trageser and others, from 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 29th day of January, 1909, denying the defendants’ motion to strike out of the complaint paragraphs 3, 4, 6, 8, 9, 10, 52 and 53, and that part of paragraph 42, including and after the words “ a copy of exhibits,” and all of paragraph 55, including and after the words “ not only did the defendants,” and Exhibit 1, annexed to the complaint.
1Opinion of the Court
Laughlin, J.:
The action is brought by plaintiffs as stockholders in the right of the corporation known as the John Trageser Steam Copper Works, a domestic corporation, against three individuals who are directors and together constitute the board of directors of the corporation which is also joined as a party defendant. The relief demanded is (1) an accounting for their official acts and neglect of duty; (2) payment to the company for the value of property which defendants have acquired for themselves, whether by way of exorbitant salaries or otherwise, or transferred, lost, wasted or…
2Cases cited1 opinion
- Jacobus v. Diamond Soda Water Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1904
3Cited by3 opinions
- In re the Arbitration between Burkin & KatzNew York Court of Appeals · 1956
- Purdy v. HumphreyNew York Supreme Court · 1947
- Lichtenstadter v. Lichtenstadter Bros.New York Supreme Court · 1927