McDonald v. Mayzel

154 A. 626, 108 N.J. Eq. 179, 1931 N.J. LEXIS 482

Opinion

Per Curiam.

This is an appeal from an order of Yiee-Chancellor Berry, denying a motion to dismiss the bill of complaint as amended. The vice-chancellor based his denial on the ground that the bill was maintainable for an accounting. He further decided that since the agreements, the subject-matter o£ suit, were executed by all of the individual stockholders, officers and directors of the defendant Plaza Hotel Company, the court should retain the bill against that company and the individual defendants.

Our examination of the pleadings, affidavits and stipulation of counsel leads ns to the conclusion that the determination was proper.

The order appealed from will be affirmed, with costs.

For affirmance—The Chief-Justice, Trenchard, Campbell, Lloyd, Case, Bodine, Daly, Donges, Van Buskirk, Kays, Hetfield, Dear, Wells, JJ. 13. For reversal—-None.