Bonneau v. Bonneau
| Decision Date | 01 December 1959 |
| Citation | 21 Misc.2d 879,195 N.Y.S.2d 443 |
| Parties | Joseph J. BONNEAU v. Lincoln W. BONNEAU, Germain R. Bonneau, J. J. Bonneau Company, Ann P. Bonneau, G. R. Bonneau, Gail P. Bonneau, Lynne W. Bonneau, Frances B. Bonneau, Gladys R. Bonneau, and Germain R. Bonneau, Lincoln W. Bonneau and Frederick W. Riter, as Trustees under the Last Will and Trestament of Lincoln Bonneau, Deceased. |
| Court | New York Supreme Court |
Tanner, Friend, Kinnan & Post, New York City (David R. Crow, New York City, of counsel), for plaintiff.
Hinrichs & Hoesch, Jamaica, for all defendants except G. R. Bonneau, Gail P. Bonneau, Lynne W. Bonneau and Frederick W. Ritter.
Two motions by the defendants (1) to dismiss the complaint for legal insufficiency on the face thereof, and (2) to vacate plaintiff's notice of examination before trial dated October 23, 1959.
The plaintiff is the owner and holder of 65 shares out of a total of 1,115 shares of the preferred stock and 100 shares out of a total of 402 shares of the common stock of the corporate defendant which is engaged in the conduct of a lumber and veneer business in Long Island City, County of Queens, State of New York. He is also the president, secretary and a director of the corporation but claims in his complaint that since 1953 he has been president in name only and that the corporation was and is now operated, managed and controlled by the defendants Lincoln W. Bonneau and Germain R. Bonneau. Alleging that the liabilities set forth on the books and records of the corporation are incorrect, that it has practically ceased to conduct the lumber and veneer business for which is was incorporated in 1899, that the loss of its business is the result of the operations and policies and plans of the defendants last named who have failed and refused to make efforts to promote and sell the products handled by the corporation and hampered plaintiff in selling and promoting new business and that they are now attempting to buy his interest for a small part of its actual value, and that 'the aforesaid acts and omissions * * * are part of an attempt to destroy the interest of the stockholders by reducing the income of the corporation as aforesaid, and by applying such income to their own use under the guise of salaries, expenses and disbursements for services neither rendered nor required * * *' plaintiff has brought this action for a judgment directing the two defendants named above to join with him to file a petition to dissolve the corporation and that its property be sold at public...
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