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CULLOM v. SIMMONDS, JR.

285 A.D. 1051 (1955)

Neil P. Cullom, as a Director, Individually and as a Stockholder of R. Hoe & Co., Inc., Suing on Behalf of Himself and All Other Stockholders of Said Corporation and for the Benefit of Said Corporation, Respondent, v. Albert C. Simmonds, Jr., et al., Appellants, et al., Defendant

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

April 4, 1955.

Order denying motion of the individual defendants to dismiss the amended complaint for insufficiency affirmed, with $10 costs and disbursements.

The amended complaint is sufficient. It alleges that the expenditures were not incurred in connection with a matter of corporate policy, but in a campaign directed to a change of personnel and to defame some of the directors personally. (Everett v. Phillips, 288 N.Y. 227...

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