Legal Opinion
Sterling Industries, Inc. v. Ball Bearing Pen Corp.
Appellate Division of the Supreme Court of the State of New York
Decided March 29, 1948PublishedCited by 4 opinions
1Opinion of the CourtCallahan, J.
The plaintiff has brought this action to recover damages for breach of contract by the defendant Ball Bearing-Pen Corporation allegedly induced by wrongful interference on the part of the defendants Murray Morin and Sidney Manne.
The principal issue on this appeal concerns the right of the president of a corporation to institute suit on its behalf in a case where the board of directors is deadlocked on the question of bringing the action.
The plaintiff is a domestic corporation organized in December, 1946, with an authorized capital stock of 100 shares of common stock without par value. The…
2Cases cited3 opinions
- Lydia E. Pinkham Medicine Co. v. GoveMassachusetts Supreme Judicial Court · 1937
- Regal Cleaners & Dyers, Inc. v. MerlisCourt of Appeals for the Second Circuit · 1921
- Recamier Manuf'g Co. v. SeymourNew York Court of Common Pleas · 1889
3Cited by4 opinions
- Sterling Industries, Inc. v. Ball Bearing Pen Corp.New York Court of Appeals · 1949
- Fanchon & Marco, Inc. v. Paramount Pictures, Inc.District Court, S.D. New York · 1952
- Crane, A.G. v. 206 West 41st Street Hotel Associates, L.P.Appellate Division of the Supreme Court of the State of New York · 2011
- Hellman v. HellmanNew York Supreme Court · 2010