Cogwill Land Co. v. Coughlan
This text of 245 A.D. 759 (Cogwill Land Co. v. Coughlan) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Order striking out appearance of Siegeltueh, Butler & Kraft as plaintiff’s attorneys, setting aside the service of the summons and complaint and dismissing the summons and complaint, and order vacating a notice for the examination of defendant before trial affirmed, with ten dollars costs and disbursements. The treasurer of the plaintiff, a business corporation, without the assent of the board of directors, had no authority to retain attorneys on behalf of the corporation and to prosecute an action in its name against the president for moneys alleged to have been advanced to Mm by the corporation. The treasurer, as a stockholder, has an adequate remedy under the facts disclosed by this record. Lazansky, P. J., Young, Carswell, Tompkins and Johnston, JJ., concur.
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Cite This Page — Counsel Stack
245 A.D. 759, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cogwill-land-co-v-coughlan-nyappdiv-1935.