Sullivan v. Firemen's Mutual Benevolent Ass'n

Appellate Division of the Supreme Court of New York

Sullivan v. Firemen's Mutual Benevolent Ass'n

194 A.D. 922

Appellate Division of the Supreme Court of the State of New York·Decided November 15, 1920·No. Appeal No. 1·Published

Opinion

Order of July 2, 1920, reversed, and motion for framing issues denied, without costs. Since plaintiff has ceased to be a director of this corporation, his standing is merely that of a member whose remedy is under the general equity jurisdiction. Questions of neglect or failure of defendants to perform their duties, when raised by persons or officials suing under section 91 of .the General Corporation Law, are triable by a jury. But that does not apply to one whose standing now is merely that of a member. Jenks, P. J., Mills, Putnam, Blackmar and Kelly, JJ., concur.

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Order of July 2, 1920, reversed, and motion for framing issues denied, without costs. Since plaintiff has ceased to be a director of this corporation, his standing is merely that of a member whose remedy is under the general equity jurisdiction. Questions of neglect or failure of defendants to perform their duties, when raised by persons or officials suing under section 91 of .the General Corporation Law, are triable by a jury. But that does not apply to one whose standing now is merely that of a member. Jenks, P. J., Mills, Putnam, Blackmar and Kelly, JJ., concur.

Sullivan v. Firemen's Mutual Benevolent Ass'n, 194 A.D. 922 (N.Y. Ct. App. 1920).

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