Legal Opinion · Dissent

Lewis v. Matthews

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

Decided March 6, 1914Published

Appeal by the defendants, Thomas A. Matthews and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 10th day of June, 1913, upon the decision of the court after a trial at the Hew York Special Term.

1Dissent

Dowling, J. (dissenting):

Plaintiff, as a stockholder in the Electric Heat Storage Company, seeks an accounting from the defendants Hill and Matthews' for all moneys received by them from the company as salaries for the years 1911 and 1912. The corporation was organized in November, 1910, with five directors,- the plaintiff becoming the president thereof, with defendant Matthews as treasurer and defendant Hill as secretary. Under the by-laws of the corporation the duties of the various officers were fixed and determined, and no provision was made thereunder, nor by any-resolution of the…

2Cases cited5 opinions

  1. Continental Securities Co. v. . BelmontNew York Court of Appeals · 1912
  2. Mather v. Eureka Mower Co.New York Court of Appeals · 1890
  3. Matter of Dolgeville El. L. P. Co.New York Court of Appeals · 1899
  4. In Re the Election of Directors of the Westchester Trust Co.New York Court of Appeals · 1906
  5. Stout v. Security Trust & Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1903

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