Howard S Practice Reports Containing Cases Under The Code Of Civil Procedure

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. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.