Colonial Fuel Corp. v. Kahn

Merrell, J.:

The action was begun in October, 1922, to obtain the cancellation of certain stock issued by the plaintiff to the defendant, and also an agreement of employment alleged by the plaintiff to have been obtained by fraud.

Defendant in his answer denied the charges of fraud, and by way of counterclaim alleged that he was a stockholder, a director, and the secretary of the plaintiff corporation; that he had been physically ousted; that the court should decree him to be such official of the plaintiff corporation, and that the plaintiff should be compelled to account for all transactions…