Legal Opinion

Wesp v. Muckle

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

Decided January 12, 1910PublishedCited by 6 opinions

Appeal by the defendants, William J. Muckle and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 9th day of April, 1909, upon the verdict of a jury, and also from an order entered in said clerk’s office on the same day denying the said defendants’ motion for a new trial made upon the minutes.

1Opinion of the Court

Spring, J.:

The Rose Shoe Manufacturing Company-was a domestic corporation with a capital of $25,000- common stock and $3,900 of preferred stock, doing business in the city of Rochester, and it was adjudged a bankrupt by the United States District Court for the western district of New York on April 20, 1907, in involuntary bankruptcy proceedings. This action was commenced by the plain*242tiff as trustee of- the estate of said bankrupt; against the directors of said corporation to recover the amount of dividend's declared by tlie defendant directors and paid from the capital' stock of said…

2Cases cited3 opinions

  1. Hubbell v. . MeigsNew York Court of Appeals · 1872
  2. Rudd v. . RobinsonNew York Court of Appeals · 1891
  3. Leonard v. FaberAppellate Division of the Supreme Court of the State of New York · 1900

3Cited by6 opinions

  1. Phelan v. Middle States Oil CorporationCourt of Appeals for the Second Circuit · 1946
  2. Southern California Home Builders v. YoungCalifornia Court of Appeal · 1920
  3. Quintal v. GreensteinNew York Supreme Court · 1932
  4. Coplay Cement Manufacturing Co. v. LoebNew York Supreme Court · 1925
  5. Gleason v. BushNew York Supreme Court · 1917

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