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Doscher v. Obermeyer

Appellate Division of the Supreme Court of New York, Second Department
Mar 1, 1916
173 App. Div. 910 (N.Y. App. Div. 1916)

Opinion

March, 1916.


Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, upon the ground that the allegations sought to be stricken out are irrelevant to plaintiffs' cause of action, which is that of a creditor against officers and directors of a corporation for misappropriation of assets, and it is immaterial by what means the said officers and directors induced the stockholders to consent to the transfer of such assets. The practice is in accord with Hilton v. Carr ( 40 App. Div. 490, 493) and Bradley v. Sweeny, No. 1 (120 id. 315). Jenks, P.J., Thomas, Mills and Rich, JJ., concurred; Carr, J., not voting.


Summaries of

Doscher v. Obermeyer

Appellate Division of the Supreme Court of New York, Second Department
Mar 1, 1916
173 App. Div. 910 (N.Y. App. Div. 1916)
Case details for

Doscher v. Obermeyer

Case Details

Full title:Henry Doscher and Others, as Executors, etc., Respondents, v. Theodore…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 1, 1916

Citations

173 App. Div. 910 (N.Y. App. Div. 1916)