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Parker v. President & Directors of Manhattan Co.

246 A.D. 611 Court N.Y. App. Div. English

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p. 611
Edward B. Parker and Another, Copartners, Doing Business as Parker & Schwartz, Appellants, v. President and Directors of the Manhattan Company and President and Directors of the Manhattan Company, as Trustee, Also Known as Bank of the Manhattan Company, and Others, Respondents.

Derivative action by plaintiffs as minority bondholders under a fourth mortgage against the trustee named in the trust indenture, for claimed breach of duty resulting in damage to said minority bondholders and others similarly situated. Judgment dismissing the complaint on the merits unanimously affirmed, with costs. No opinion. Present — Young, Hagarty, Carswell, Davis and Johnston, JJ. [See post, p. 627.]