Legal Opinion

Lummis v. Crosby

Appellate Division of the Supreme Court of the State of New York

Decided December 30, 1916PublishedCited by 8 opinions

Appeal by the plaintiff, Samuel H. Lummis, as trustee, from an order of the Supreme Court, made at the Nassau Special Term and entered in the office of the clerk of the county of Nassau on the 11th day of October, 1916, denying his motion for judgment on the pleadings.

1Opinion of the Court

Jenks, P. J.:

The defendant Crosby prevailed in his demurrer to the complaint, and the plaintiff failed in his motion for judgment on the pleadings. The plaintiff, as trustee in bankruptcy of a domestic corporation, brings this action against the former officers and the corporation, to nullify an alleged alienation of certain realty and certain moneys of the corporation to one of the defendants, and to recover the realty and the money that were ‘ ‘ lost to the creditors and wasted through the neglect and failure of the defendants to perform their duties as officers and directors of the…

2Cases cited5 opinions

  1. Marvin v. AndersonWisconsin Supreme Court · 1901
  2. Shoemaker v. Washburn Lumber Co.Wisconsin Supreme Court · 1897
  3. Beasley v. CogginsSupreme Court of Florida · 1904
  4. Halpin v. Mutual Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1897
  5. Ginsberg v. Automobile Coaching Co.Appellate Division of the Supreme Court of the State of New York · 1912

3Cited by8 opinions

  1. Pirrone v. Toboroff (In Re Vaniman International, Inc.)United States Bankruptcy Court, E.D. New York · 1982
  2. Quintal v. GreensteinNew York Supreme Court · 1932
  3. Wedtech Corp. v. Denlinger (In Re Wedtech Corp.)United States Bankruptcy Court, S.D. New York · 1990
  4. Christianssand v. Federal Steamship Corp.New York Supreme Court · 1923
  5. Garrison v. PopeNew York Supreme Court · 1927

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