Halpin v. Mutual Brewing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal hy the defendants, The Mutual Brewing 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 Queens on the 16th day of July, 1895, upon the decision of the court rendered after a trial at the Kings County Special Term. The action was commenced June 21, 1893, and has been already reported in 91 Hun, 220.
1Opinion of the Court
Willard Bartlett, J.:
The plaintiff brought this action as a trustee and the vice-president of the Mutual Brewing Company to enforce the remedies for the mismanagement of a corporation, which are provided for by sections 1781 and 178,2 of the Code of Civil Procedure. (See Gildersleeve v. Lester, 68 Hun, 532 ; Skinner v. Smith, 134 N. Y. 240.) The only ground on which his right to sue is questioned is that he had ceased to be á trustee and officer at the time the. action was commenced; but we think the court below properly decided against the appellants on this point. There was no doubt that he…
2Cases cited6 opinions
- Kent v. . Quicksilver Mining Co.New York Court of Appeals · 1879
- Martin v. Niagara Falls Paper Manufacturing Co.New York Court of Appeals · 1890
- Throop v. Hatch Lithographic Co.New York Court of Appeals · 1891
- Skinner v. . SmithNew York Court of Appeals · 1892
- Little v. GarabrantNew York Supreme Court · 1895
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3Cited by14 opinions
- Blish v. Thompson Automatic Arms Corp.Supreme Court of Delaware · 1948
- Pritz v. JonesAppellate Division of the Supreme Court of the State of New York · 1907
- Manix v. FantlAppellate Division of the Supreme Court of the State of New York · 1924
- Van Schaick v. AronNew York Supreme Court · 1938
- Miller v. BarlowAppellate Division of the Supreme Court of the State of New York · 1903
9 more not listed; retrieve them via the Exa API.