
    Henry DOSCHER et al., as executors, etc., respondents, v. Theodore OBERMEYER et al., appellants, and another, defendant.
    (Supreme Court, Appellate Division, Second Department
    March 31, 1916.)
    Order reversed, with $10 costs and disbursements, and motion granted, with $10 costs, upon the ground that the allegations sought to be stricken out are irrelevant to plaintiffs’ cause of action, which is that of a creditor against officers and directors of a corporation for misappropriation of assets, and it is immaterial by what means the said officers and directors induced the stockholders to consent to the transfer of such assets. The practice is in accord with Hilton v. Carr, 40 App. Div. 490, 493, 58 N. Y. Supp. 134 and Bradley v. Sweeny (No. 1) 120 App. Div. 315, 105 N. Y. Supp. 296.
   Jenks, P. J., and Thomas, Mills, and Rich, JJ., concur. Carr, J., not voting.  