MONTRO CORP., INC. v. BISHOP


6 A.D.2d 787 (1958)

Montro Corporation, Inc., on Its Own Behalf and in Behalf of All Other Stockholders of Devoe & Raynolds Company, Inc., Similarly Situated, and in the Right of Devoe & Raynolds Company, Inc., Respondent, v. Emerson C. Bishop et al., Defendants, and Devoe & Raynolds Company, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

June 24, 1958


Order unanimously reversed on the law and facts and in the discretion of the court, with $20 costs and disbursements to the appellant and the application for counsel fees is denied, with $10 costs.

No reference was necessary to determine whether any substantial benefit had been conferred on the corporation since from the papers it appears that the transaction complained of has not only resulted in a profit to the corporation but also has been adjudicated in a companion...

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