Jackson v. Mullen

Appellate Division of the Supreme Court of New York

Jackson v. Mullen

274 A.D. 900, 82 N.Y.S.2d 894, 1948 N.Y. App. Div. LEXIS 3961

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

DecidedOctober 18, 1948

StatusPublished

Cited by1 cases

This text of 274 A.D. 900 (Jackson v. Mullen) 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

Jackson v. Mullen, 274 A.D. 900, 82 N.Y.S.2d 894, 1948 N.Y. App. Div. LEXIS 3961 (N.Y. Ct. App. 1948).

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Opinion

In an action in equity to compel an accounting, judgment which dismissed the complaint at the close of .plaintiffs’ ease, without prejudice to instituting an action at law, reversed on the law and the facts and a new trial granted, with costs to appellants to abide the event. In our opinion appellants are entitled to an accounting in equity upon satisfactory proof that the individual respondent, the sole owner of the corporate capital stock, subject of the agreement between the parties, and in charge and control of the corporations’ books, accounts and business, withheld proper entries in such books or by other means prevented the corporate records from portraying the full amount of profit made by the corporations. (Fur & Wool Trading Co. v. Fox, Inc., 245 N. Y. 215; Rhodes v. Little Falls Dairy Co., 230 App. Div. 571, affd, 256 N. Y. 559; Newton v. Porter, 69 N. Y. 133.) Johnston, Acting P. J., Adel, Nolan, Sneed and Wenzel, JJ., concur.

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In an action in equity to compel an accounting, judgment which dismissed the complaint at the close of .plaintiffs’ ease, without prejudice to instituting an action at law, reversed on the law and the facts and a new trial granted, with costs to appellants to abide the event. In our opinion appellants are entitled to an accounting in equity upon satisfactory proof that the individual respondent, the sole owner of the corporate capital stock, subject of the agreement between the parties, and in charge and control of the corporations’ books, accounts and business, withheld proper entries in such books or by other means prevented the corporate records from portraying the full amount of profit made by the corporations. (Fur & Wool Trading Co. v. Fox, Inc., 245 N. Y. 215; Rhodes v. Little Falls Dairy Co., 230 App. Div. 571, affd, 256 N. Y. 559; Newton v. Porter, 69 N. Y. 133.) Johnston, Acting P. J., Adel, Nolan, Sneed and Wenzel, JJ., concur.

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Bluebook (online)

274 A.D. 900, 82 N.Y.S.2d 894, 1948 N.Y. App. Div. LEXIS 3961, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-mullen-nyappdiv-1948.

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