Legal Opinion
Clarke v. Greenberg
New York Court of Appeals
Decided January 16, 1947PublishedCited by 29 opinions
1Opinion of the CourtDye, J.
The challenge to the within complaint, for failure to state a cause of action, raises the question of whether a plaintiff in a stockholder’s derivative action may be required to account to the corporation for moneys received in private settlement for discontinuance of the action.
The complaint alleges that the defendants commenced a stockholder’s derivative action in behalf of the Associated Gas & Electric Company (called ageco) entitled “ Greenberg v. Mange, et al.” in which it was alleged that the defendants, as officers and directors, had so mismanaged its affairs that the company and its…
2Cases cited11 opinions
- Brinckerhoff v. . BostwickNew York Court of Appeals · 1885
- Continental Securities Co. v. . BelmontNew York Court of Appeals · 1912
- Hirshfeld v. . FitzgeraldNew York Court of Appeals · 1898
- Koral v. Savory, Inc.New York Court of Appeals · 1937
- Earl v. BrewerAppellate Division of the Supreme Court of the State of New York · 1936
6 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Glenn v. Hoteltron Systems Inc.New York Court of Appeals · 1989
- Carruthers v. Jack Waite Mining Co.New York Court of Appeals · 1953
- Tenney v. RosenthalNew York Court of Appeals · 1959
- Schaps v. Just Enough Corp. (In Re Pinto Trucking Service, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1988
- Dabney v. LevyCourt of Appeals for the Second Circuit · 1951
24 more not listed; retrieve them via the Exa API.