Motor Car Equipment Co. v. Abeles
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Clifford Abeles, from an order of the Supreme Court, made at the New York Special Term, and entered in the office of the clerk of the county of New York on the 6th day of February, 1920, granting a prehminary injunction in an action in equity to vacate and set aside a transaction between the plaintiff and one James A. Abeles upon the 30th of January, 1919, on the ground of fraud and for an injunction against the defendant from prosecuting an action…
Read the full summary
Appeal by the defendant, Clifford Abeles, from an order of the Supreme Court, made at the New York Special Term, and entered in the office of the clerk of the county of New York on the 6th day of February, 1920, granting a prehminary injunction in an action in equity to vacate and set aside a transaction between the plaintiff and one James A. Abeles upon the 30th of January, 1919, on the ground of fraud and for an injunction against the defendant from prosecuting an action upon two notes executed by the plaintiff in the hands of said Clifford Abeles.
1Opinion of the Court
Smith, J.:
In January, 1919, one James A. Abeles was the vice-president and general manager of the plaintiff. His father, Julius D. Abeles, was a stockholder, as was Alfred T. Abeles, a brother, and the defendant Clifford Abeles was both a stockholder and director. In fact, James A. Abeles, at that time, seemed to be in full control of the corporation. About that time the control passed to others. James A. Abeles owned certain stock of the corporation as did others of his family heretofore mentioned, including this defendant. Some of his stock was common, some preferred stock. There were…
2Cases cited1 opinion
- Gilleran v. OwensAppellate Division of the Supreme Court of the State of New York · 1918