Corporations
City Bank Farmers Trust Company, as Executor and Trustee, etc., of Peter Cooper Hewitt, Deceased, Appellant, v. Hewitt Realty Company and Others, Individually and as Directors of the Hewitt Realty Company, Respondents
231 A.D. 702·New York Supreme Court, Appellate Division·1930·NY
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Opinion
City Bank Farmers Trust Company, as Executor and Trustee, etc., of Peter Cooper Hewitt, Deceased, Appellant, v. Hewitt Realty Company and Others, Individually and as Directors of the Hewitt Realty Company, Respondents.
[MAJORITY]
Judgment affirmed, with costs. No opinion. Present — Dowling, P. J., Merrell, Martin, O’Malley and Sherman, JJ.; Dowling, P. J., and Martin, J., dissent.
[DISSENT — Martin, J. (dissenting).]
Martin, J. (dissenting).
I dissent, and vote for reversal. I am of the opinion that the facts disclosed by the record are sufficient to warrant a finding that the directors of the defendant corporation should have declared dividends. (Kavanaugh v. Kavanaugh Knitting Co., 226 N. Y. 185; Dodge v. Ford Motor Co., 204 Mich. 459; 170 N. W. 668; Hiscock v. Lacy, 9 Misc. 578.) Dowling, P. J., concurs.