Stanton v. Schenck

This action was brought by a stockholder in his representative capacity against the officers and directors of Loew’s Incorporated, to compel defendants, directors of the corporation, to account to the latter for profits received by them in breach of their official duty. In this action another stockholder has interr vened. At the opening of the trial a motion was made on behalf of the defendants to dismiss the complaint for insufficiency. The motion was denied by me with an opinion (N. Y. L. J., April 21, 1931). The trial then proceeded with plaintiffs introducing their proof. At the close of…