Tiffany v. Smith
New York Supreme Court
Action by Henry C. Tiffany, in his own behalf and in behalf of all others similarly situated who shall join in the action, against H.- Wilmot Smith and others, to procure a decree that defendants have acquired the property formerly owned by the Schad Wheel Company, as trustee of plaintiff and other stockholders of the corporation, and for an accounting of the rents, issues, and profits of the property since July 31, 1897; that a trustee be appointed to take charge of the…
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Action by Henry C. Tiffany, in his own behalf and in behalf of all others similarly situated who shall join in the action, against H.- Wilmot Smith and others, to procure a decree that defendants have acquired the property formerly owned by the Schad Wheel Company, as trustee of plaintiff and other stockholders of the corporation, and for an accounting of the rents, issues, and profits of the property since July 31, 1897; that a trustee be appointed to take charge of the property, and manage, control, and operate the same for the stockholders of the corporation, and for other and further…
1Opinion of the CourtFoote, J.
The defendants were three of the five directors of the Schad Wheel Company, a corporation carrying on the business of manufacturing wagon wheels at Avon, N. Y. They were also the principal officers of the corporation. They are charged in the complaint with fraudulently, collusively, and wrongfully entéring into a fraudulent scheme and conspiracy to conceal from the plaintiff and other stockholders the financial condition of the corporation and to mismanage its affairs and neglect and abuse their official positions and ruin the corporation and force the sale of its property for the purpose of…
2Cases cited8 opinions
- Twin-Lick Oil Co. v. MarburySupreme Court of the United States · 1876
- Abbot v. American Hard Rubber Co.New York Supreme Court · 1861
- Hoyle v. Plattsburgh & Montreal RailroadNew York Court of Appeals · 1873
- Barr v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1891
- Scholle v. . ScholleNew York Court of Appeals · 1886
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3Cited by2 opinions
- Packer v. DonaldsonCourt of Appeals of Arizona · 1972
- Herring-Curtiss Co. v. CurtissNew York Supreme Court · 1923