Carr v. Kimball — 215 N.Y. 634

Majority

p. 634

Walter C. Carr et al., Suing on Behalf of Themselves and Others Similarly Situated, Respondents, v. Horatio G. Kimball et al., Appellants, and Augustine E. Winnemore, Respondent, Impleaded with Another.

(Argued March 9, 1915;

decided May 11, 1915.)

Headnote

Carr v. Kimball, 153 App. Div. 835 , afjirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 5, 1913, modifying and affirming as modified a judgment in- favor of plaintiffs entered upon a decision of the court on trial at Special Term in an

p. 635

action by minority stockholders against a corporation and its directors to restrain the payment of excessive salaries alleged to have been fraudulently voted by directors to themselves and others and to compel the refunding to the corporation of such salaries paid since January 20, 1908.

Samuel B. Clarke, Charles W. Atwater and Roger H. Clarke for appellants.

Frederick R. Ryan, William F. McCombs and Alexander Gordon for respondents.

Judgment affirmed, with costs; no opinion.

Concur: Willard Bartlett, Ch. J., Hiscock, Chase, CtJDDEBACK, HOGAN, MlLLER and SeABURY, JJ.