WILLIAMS v. ROBINSON


9 Misc.2d 774 (1957)

W. Horace Williams, Jr., et al., as Directors of Williams-McWilliams Industries, Inc., Plaintiffs, v. Sinclair Robinson et al., Defendants.

Supreme Court, Special Term, New York County.

November 26, 1957.


Attorney(s) appearing for the Case

A. Edward Masters for plaintiffs.

Davis Polk Wardwell Sunderland & Kiendl for Sinclair Robinson and others, defendants.

Kenneth B. Ray for Edgar H. Reddington, Jr., and others, defendants.

Bleakley, Platt, Gilchrist & Walker for Williams-McWilliams Industries, Inc., defendant.


SAUL S. STREIT, J.

Plaintiffs move to dismiss a defense as insufficient in law. The action is brought by five individuals "as Directors of Williams-McWilliams Industries, Inc." to compel defendants, other than said corporation, to pay to it moneys which they wasted or lost and to restore to it assets transferred by the defendants to others. The complaint charges that the assets were transferred as the result of a fraudulent conspiracy to obtain...

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