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Stolz v. Ginsburg

Appellate Division of the Supreme Court of New York, Third Department
May 1, 1926
217 App. Div. 701 (N.Y. App. Div. 1926)

Opinion

May, 1926.

Appeal from Supreme Court, Warren County.


This action cannot be maintained by the plaintiff under section 59 of the Stock Corporation Law (See Billings v. Trask, 30 Hun, 314); nor under section 47 of the Bankruptcy Act, as amended in 1910, because that section, as amended, relates only to the property of the corporation. Plaintiff claims the complaint may be sustained under section 91-a of the General Corporation Law. There is not in the complaint, however, any allegation of negligence nor, stripped of legal conclusions, any allegation showing injury to or losses of the funds or property of the corporation, which allegations are necessary under that section. Judgment and order unanimously affirmed, with costs.

See 30 U.S. Stat. at Large, 557, § 47, as amd. by 36 id. 840, § 8. — [REP.

Added by Laws of 1913, chap. 633. — [REP.


Summaries of

Stolz v. Ginsburg

Appellate Division of the Supreme Court of New York, Third Department
May 1, 1926
217 App. Div. 701 (N.Y. App. Div. 1926)
Case details for

Stolz v. Ginsburg

Case Details

Full title:BENJAMIN STOLZ, as Trustee in Bankruptcy of GLENS FALLS JOBBING HOUSE…

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

Date published: May 1, 1926

Citations

217 App. Div. 701 (N.Y. App. Div. 1926)

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