Summary
In Walsh v. Van Ameringen-Haebler, Inc. (257 N.Y. 478), relied upon here, the allegation that directors voted to themselves excessive salaries was sufficient because it was a statement of fact specifically alleging the breach of duty and informing the defendants of the precise nature of the charge made. It is no precedent to sustain the conclusory statements added in the second cause of action.
Summary of this case from Frank v. CarlisleOpinion
Argued October 15, 1931
Decided November 17, 1931
Appeal from the Supreme Court, Appellate Division, First Department.
John Marx for appellant.
John F. Condon, Jr., and Spier Whitaker for respondents.
The allegation that the directors voted themselves excessive salaries is sufficient to call upon the defendants to answer the complaint, even if the other allegations be disregarded as indefinite.
The judgment of the Appellate Division should be reversed and the order of the Special Term affirmed, with costs in the Appellate Division and in this court.
CARDOZO, Ch. J., POUND, CRANE, LEHMAN, KELLOGG, O'BRIEN and HUBBS, JJ., concur.
Judgment accordingly.