MANACHER v. CENT. COAL CO., INC.


5 A.D.2d 820 (1958)

Alfred T. Manacher, Suing on Behalf of Himself and on Behalf of the Corporate Defendants and All Other Stockholders of Said Corporate Defendants Herein, Appellant, v. Central Coal Co., Inc., et al., Defendants, and Irving A. Manacher et al., Respondents

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

February 18, 1958


Order denying plaintiff's motion to strike out the Ninth defense contained in the answer of the individual defendants, except of defendant Stichman, is reversed and the motion is granted, with costs to appellant.

The complaint in this stockholder's derivative action charges the diversion and waste of corporate assets. The Ninth defense attacks the motives of plaintiff in bringing the action and is a verbose complicated recitation charging a personal vendetta between...

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