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MURPHY v. GEORGE MURPHY, INC.

7 Misc.2d 647 (1957)

John A. Murphy, as a Stockholder of George Murphy, Inc., Suing on Behalf of Himself and All Other Stockholders Similarly Situated, Plaintiff, v. George Murphy, Inc., et al., Defendants.

Supreme Court, Special and Trial Term, New York County.

June 26, 1957.

Attorney(s) appearing for the Case

Joseph C. Hogan for plaintiff.

Robert Cedar for George Murphy, Inc., and others, defendants.

C. Austin White for Roland Gooch, executor of Percy Y. Howe, deceased, defendant.

WILLIAM LYMAN, J.

Plaintiff sues on his own behalf as a stockholder and on behalf of all other stockholders of a corporation for specific performance of a certain contract. The complaint alleges the following facts:

Plaintiff and one Percy Y. Howe, now deceased, owned all the stock in George Murphy, Inc., the defendant corporation in this action. On July 20, 1938 they entered into an agreement whereby each agreed, upon severance of his connection...

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