Cottrell v. Albany Card & Paper Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Horace Cottrell, as trustee* etc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Saratoga on the 20tli day of August, 1910, upon the decision of the court, rendered after a trial at the Saratoga Trial Term, before the court without a jury, dismissing the complaint as resettled by an order entered on the 31st day of August, 1910 ; also from an order entered on the 17th day of June,…
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Appeal by the plaintiff, Horace Cottrell, as trustee* etc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Saratoga on the 20tli day of August, 1910, upon the decision of the court, rendered after a trial at the Saratoga Trial Term, before the court without a jury, dismissing the complaint as resettled by an order entered on the 31st day of August, 1910 ; also from an order entered on the 17th day of June, 1910, as resettled, directing the dismissal of the complaint, and also from an order entered on the 20th day of August,,…
1Opinion of the Court
Smith, P. J.:
This is an action brought by a trustee in bankruptcy against the sole stockholder of the bankrupt company to recover certain dividends amounting to $17,600 paid by it between December 27, 1902, and January 8, 1907, both inclusive, upon the ground that such dividends were paid in violation of the statiite as being paid out of the capital and not out of the profits of the company. It is alleged in ^ the complaint that defendant at such times owned all the capital stock of said bankrupt company; that during such times said company had three directors, two of whom were officers of…
2Cases cited2 opinions
- Williams v. . Western Union Telegraph Co.New York Court of Appeals · 1883
- Hutchinson v. StadlerAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by21 opinions
- Barr & Creelman Mill & Plumbing Supply Co. v. ZollerCourt of Appeals for the Second Circuit · 1940
- Small v. SullivanNew York Court of Appeals · 1927
- Johnson v. Canfield-Swigart Co.Illinois Supreme Court · 1920
- Bartlett v. SmithCourt of Appeals of Maryland · 1932
- Quintal v. AdlerNew York Supreme Court · 1933
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