Excerpt from Howard's Practice Reports in the Supreme Court and Court of Appeals of the State of New York, Vol. 60
The attorney-general, in behalf of the people of the state, may maintain an action against one or more trustees, directors, managers or other Officers Of a corporation to procure a judgment compelling the defendants to account for their Official conduct in the management and disposition of the funds and property committed to their charge, and compelling them to pay the corporation which they represent, or its creditors, any money, and the value of any property which they have acquired to themselves, or transferred to others, or lost or wasted, by a violation of their duties, and suspending a defendant from exercising his office when it appears that he has abused his trust (code of Civil Procedure, sections 1781, By section 1808 of the Code of Civil Procedure the attorney-general must bring an action for the purposes just enumerated, if, in his Opinion, the public interests require that an action should be brought; and by section 1810, in an action brought for the Objects specified, by the attorney-general, the court has power to appoint a receiver of the prop etty of the corporation.
When the president of a railroad company makes a contract with himself for the construction of a railway; when he Obtains all the securities, stock and bonds under the pretense of paying the nominal contractor; when as chief engineer he makes to himself as contractor certificates of work done, and then as president pays himself many hundred thousand dollars in advance Of what the nominal contractor was entitled to receive under the contract for construction, ample cause is shown for the appointment of a receiver, and the command of the statute to the attor ney-general that he must bring an action, becomes imperative.
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Paperback. Zustand: New. Print on Demand. This book analyzes the practices and controversies surrounding the removal of trustees and directors from corporations for misconduct. Drawing on examples from real-world cases and incorporating relevant statutes, the author explores the powers of the courts, the role of the attorney general, and the rights of defendants. The book delves into the fiduciary duties of corporate officers and examines the grounds for their suspension or removal, providing valuable insights into the legal framework governing corporate governance and accountability. Through its detailed analysis and case studies, the book offers a comprehensive understanding of the legal issues and complexities involved in removing corporate leaders for misconduct. This book is a reproduction of an important historical work, digitally reconstructed using state-of-the-art technology to preserve the original format. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in the book. print-on-demand item. Bestandsnummer des Verkäufers 9781333049829_0
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