Smyth v. Western Zinc Co.

58 N.Y.S. 1149 | N.Y. App. Div. | 1899

PER CURIAM.

Order modified by requiring a statement showing whether any, and, if any, what, request was made to the directors of the defendant Western Zinc Company to institute an action, a statement as to whether such alleged request was oral or in writing, a statement as to the date and place and manner of making such alleged request, and, if such alleged request was in writing, then that a copy thereof be set forth in the bill of particulars. As so modified, order affirmed, without costs.