Gallagher v. New York Dock Co.

Appellate Division of the Supreme Court of New York

Gallagher v. New York Dock Co.

263 A.D. 878, 32 N.Y.S.2d 348, 1942 N.Y. App. Div. LEXIS 7185

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

DecidedJanuary 12, 1942

StatusPublished

Cited by3 cases

This text of 263 A.D. 878 (Gallagher v. New York Dock Co.) 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.

Bluebook

Gallagher v. New York Dock Co., 263 A.D. 878, 32 N.Y.S.2d 348, 1942 N.Y. App. Div. LEXIS 7185 (N.Y. Ct. App. 1942).

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Opinion

In this action, in which plaintiff, the owner and holder of 6,500 shares of the common stock of defendant New York Dock Company, seeks to compel the individual defendants, as directors of the dock company and its subsidiary, to account for damages suffered by the two corporations as a result of the alleged illegal declaration and payment of dividends on the preferred stock of the dock company, judgment was directed in favor of defendants dismissing the complaint on the merits. Judgment unanimously affirmed, with costs. Assuming that the [879]*879dock company’s financial report for the year 1933 should have been received in evidence, its exclusion was harmless and the error, if any, may ■ be disregarded. Present — Lazansky, P. J., Hagarty, Carswell, Johnston and Adel, JJ.

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In this action, in which plaintiff, the owner and holder of 6,500 shares of the common stock of defendant New York Dock Company, seeks to compel the individual defendants, as directors of the dock company and its subsidiary, to account for damages suffered by the two corporations as a result of the alleged illegal declaration and payment of dividends on the preferred stock of the dock company, judgment was directed in favor of defendants dismissing the complaint on the merits. Judgment unanimously affirmed, with costs. Assuming that the [879]*879dock company’s financial report for the year 1933 should have been received in evidence, its exclusion was harmless and the error, if any, may ■ be disregarded. Present — Lazansky, P. J., Hagarty, Carswell, Johnston and Adel, JJ.

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Bluebook (online)

263 A.D. 878, 32 N.Y.S.2d 348, 1942 N.Y. App. Div. LEXIS 7185, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gallagher-v-new-york-dock-co-nyappdiv-1942.

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