RIPLEY v. COLWELL


206 Misc. 46 (1954)

Douglas Ripley et al., on Behalf of Themselves and All Other Stockholders of Believe It Or Not, Inc., Similarly Situated, Plaintiffs, v. Harry E. Colwell, Jr., et al., Defendants.

Supreme Court, Special Term, New York County.

March 11, 1954.


Attorney(s) appearing for the Case

Fennelly, Eagan, Nager & Lage for Douglas Ripley, plaintiff.

Herman S. Axelrod and Maitland M. Axelrod for Herlart, Inc., plaintiff.

J. Addison Young, 2d, for Harry E. Colwell, defendant.

Morton Miller and Meyer Schwartz for Douglas F. Storer, defendant.


FRANK, J.

This is a stockholder's derivative action.

The complaint alleges that a resolution of the directors, by the terms of which the individual plaintiff and the defendant Storer receive 40% of the corporation's gross income over a certain sum, is invalid and wasteful of corporate assets.

Whether the resolution be regarded as a bonus incentive plan or as a method of siphoning corporate profits...

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