McCrea v. McClenahan
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, James McClenahan, as executor, etc., of David Stevenson, deceased, and as executor, etc., of Sewannee M. Stevenson, deceased, from an interlocutory judgment of the Supreme. Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 5th day of February, 1906, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the said defendant’s demurrer to the complaint.
1Opinion of the Court
Ingraham, J.:
This action is brought by a stockholder of the David Stevenson Brewing Company to compel the defendant, James McClenahan, the president of the said corporation, to account for his official misconduct as such president. The relief demanded is that McClenahan account for the moneys drawn from the treasury of the said company, and money and profits received by him from a certain other malting company mentioned, which said profits he be required to pay over to said brewing company ; and that he be required to account for and pay over to the plaintiff and tu the other stockholders of…
2Cases cited5 opinions
- Sage v. . CulverNew York Court of Appeals · 1895
- King v. . BarnesNew York Court of Appeals · 1888
- Kavanaugh v. . Commonwealth Trust Co.New York Court of Appeals · 1905
- Ettlinger v. Persian Rug & Carpet Co.New York Court of Appeals · 1894
- Townsend v. . BogertNew York Court of Appeals · 1891
3Cited by4 opinions
- People v. Equitable Life Assurance Society of United StatesAppellate Division of the Supreme Court of the State of New York · 1908
- Bogert v. Southern Pac. Co.District Court, E.D. New York · 1914
- Hay v. BrookfieldAppellate Division of the Supreme Court of the State of New York · 1914
- McCrea v. RobertsonAppellate Division of the Supreme Court of the State of New York · 1906