Miller v. Crown Perfumery Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, the Crown Perfumery Company 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 Hew York on the 11th day of January, 1908, upon the decision of the court, rendered after a trial at the Hew York Special Term in a stockholder’s action brought to set aside certain resolutions of the board of directors aiid to compel the repayment to the corporation of moneys received by certain…
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Appeal by the defendants, the Crown Perfumery Company 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 Hew York on the 11th day of January, 1908, upon the decision of the court, rendered after a trial at the Hew York Special Term in a stockholder’s action brought to set aside certain resolutions of the board of directors aiid to compel the repayment to the corporation of moneys received by certain of the directors.
1Opinion of the Court
Clarke, J.:
This is an appeal by the defendants from a judgment of the Special Term rescinding and annulling certain resolutions of the board of directors of the Crown Perfumery Company on the ground of illegality, • directing the defendants Batcheller and Russell to restore to the company moneys improperly received, directing a distribution of fixed and certain surplus profits, and the payment of a specific sum to the plaintiff as a dividend upon his stock.
We are satisfied in the main with the findings of fact and conclusions of law and the opinion of the learned court at Special Term (57…
2Cases cited2 opinions
- Williams v. . Western Union Telegraph Co.New York Court of Appeals · 1883
- Miller v. Crown Perfumery Co.New York Supreme Court · 1908
3Cited by13 opinions
- Carr v. KimballAppellate Division of the Supreme Court of the State of New York · 1912
- Alexander v. Quality Leather Goods Corp.New York Supreme Court · 1934
- Buchman v. American Foam Rubber CorporationDistrict Court, S.D. New York · 1965
- Godley v. Crandall & Godley Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Davids v. DavidsAppellate Division of the Supreme Court of the State of New York · 1909
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