Berger v. National Architects' Bronze Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Peter Burden and another, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 9th day of November, 1915, upon the decision of the court after a trial at the New York Special Term.
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Appeal by the defendants, Peter Burden and another, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 9th day of November, 1915, upon the decision of the court after a trial at the New York Special Term. The judgment directed the individual defendants to account to the plaintiff for all damages by reason of an unlawful transfer of property, assets and good will of the defendant National Architects’ Bronze Company.
1Opinion of the Court
Smith, J.:
This is a stockholder’s action brought by one Berger against Burden and Parker on behalf of the National Architects’ Bronze Company, the wrong alleged being that the defendants sold all the property of the company and appropriated the proceeds.
It appears that in August, 1910, the plaintiff and one *681Switzer called on Burden and informed him that the factory where they were employed had gone into the hands of a receiver, suggested that he could purchase it at a bargain and run it with their assistance at a large profit, and the parties thereupon made the following agreement:
“Memorandum…
2Cited by3 opinions
- Ludlam v. Riverhead Bond & Mortgage Corp.Appellate Division of the Supreme Court of the State of New York · 1935
- Kittinger v. ChurchillNew York Supreme Court · 1936
- Dancey v. Brieger Press, Inc.Appellate Division of the Supreme Court of the State of New York · 1932