Legal Opinion

Mann v. Luke

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

Decided March 7, 1947Published

1Opinion of the CourtCallahan, J.

This is an action by minority stockholders of the corporate defendant to compel past and present directors and officers to restore funds of the corporation alleged to have been improperly disbursed pursuant to a certain resolution creating a bonus plan for officers and employees and a subsequent resolution amendatory of the plan as established. These resolutions were duly approved and adopted by the stockholders of the company.

There are nine causes of action alleged in the amended complaint, of which the third, fourth, fifth, sixth, seventh and ninth have been dismissed for insufficiency on…

2Cases cited12 opinions

  1. Gamble v. Queens County Water Co.New York Court of Appeals · 1890
  2. Rogers v. HillSupreme Court of the United States · 1933
  3. General Investment Co. v. Interborough Rapid Transit Co.New York Court of Appeals · 1923
  4. Cook v. . WarrenNew York Court of Appeals · 1882
  5. Youngs v. . KentNew York Court of Appeals · 1871

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