McClure v. . Law
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered August 12, 1897, reversing a judgment in favor of plaintiff entered upon a verdict directed by the court,' and granting a new trial. The Life Union, prior to the plaintiff’s appointment 'as its receiver .on its dissolution for insolvency, ¡November 29, 1893, was a domestic corporation engaged in the business' of life insurance on the co-operative or assessment plan.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered August 12, 1897, reversing a judgment in favor of plaintiff entered upon a verdict directed by the court,' and granting a new trial. The Life Union, prior to the plaintiff’s appointment 'as its receiver .on its dissolution for insolvency, ¡November 29, 1893, was a domestic corporation engaged in the business' of life insurance on the co-operative or assessment plan. The nature of the action and the facts, so far' as material, are stated in the opinion. The plaintiff has a clear right…
1Opinion of the CourtHaight, J.
This action was brought to recover of the defendant, a former president and director of the Life Union, the sum of $3,000, which the plaintiff claims was profits made by the defendant out of his trust relationship with the company. The facts established by the evidence are; in substance, as follows : An agreement was entered into on the 28th day of December, 1891, between one Horace Moody, party of'the first part, and Lucius O. Robertson and Lewis P. Levy, parties of the second part, by which the party of the first part undertook to deliver to the parties of the second part the absolute…
2Cases cited3 opinions
- Farmers' & Merchs.' Bank of L.A. v. DowneyCalifornia Supreme Court · 1879
- McClure v. . LevyNew York Court of Appeals · 1895
- Rutland Electric Light Co. v. BatesSupreme Court of Vermont · 1895
3Cited by46 opinions
- McCandless v. FurlaudSupreme Court of the United States · 1935
- Bosworth v. . AllenNew York Court of Appeals · 1901
- Fed. Sec. L. Rep. P 93,093 Judah Rosenfeld, Etc. v. E. R. BlackCourt of Appeals for the Second Circuit · 1971
- Rowen v. Le Mars Mut. Ins. Co. of IowaSupreme Court of Iowa · 1979
- Fed. Sec. L. Rep. P 93,656 Simon v. Haberman v. John D. MurchisonCourt of Appeals for the Second Circuit · 1972
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