Smyth v. Western Zinc Co. — 58 N.Y.S. 1149

Majority

p. 1149

SMYTH, Appellant, v. WESTERN ZINC CO. et al., Respondents.

(Supreme Court, Appellate Division, First Department.

May 19, 1899.)

Headnote

Action by Charles Smyth, individually, etc., against the Western Zinc Company and others.

H. E. Deming, for appellant

H. Barry, for respondents.

Order modified by requiring a statement showing whether any, and, if any, what, request was made to the directors of the defendant Western Zinc Company to institute an action, a statement as to whether such alleged request was oral or in writing, a statement as to the date and place and manner of making such alleged request, and, if such alleged request was in writing, then that a copy thereof be set forth in the bill of particulars. As so modified, order affirmed, without costs.