Robinson v. Smith
New York Court of Chancery
The bill in this cause was filed by certain stockholders of the New-York Coal Company against the directors of that corporation, charging them with improper conduct in the" management of their trust. The company was incorporated-in April, 1824, with a capital of §'200,000. By its charter the company was restricted. from carrying on any banking business, and was limited solely to carrying on the business of exploring for, digging, and vending coal.
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The bill in this cause was filed by certain stockholders of the New-York Coal Company against the directors of that corporation, charging them with improper conduct in the" management of their trust. The company was incorporated-in April, 1824, with a capital of §'200,000. By its charter the company was restricted. from carrying on any banking business, and was limited solely to carrying on the business of exploring for, digging, and vending coal. (Laws of 1824, p. 217.) The bill charged that the commissioners named in the act opened books for the subscription to the stock, and that the…
1Opinion of the Court
The Chancellor.
Before I proceed to examine the merits of this case, it may be proper to refer to the causes assigned as special grounds of demurrer. And first, it is said there are other stockholders who ought to be made parties. Where it is not apparent from the. bill itself that necessary parties are omitted, it can be taken advantage of only by plea or answer; showing who are the necessary parties, and making the objection of a want of parties in a plain and explicit manner. (2 Paige’s Rep. 280. 1 Monro’s Kent. Rep. 107. 1 A. K. Marsh. Rep. 112. 1 Hogan’s Rep. 70.) The defendants can demur…
2Cited by147 opinions
- Ross v. BernhardSupreme Court of the United States · 1969
- Matter of RoussNew York Court of Appeals · 1917
- Story v. LivingstonSupreme Court of the United States · 1839
- Brinckerhoff v. . BostwickNew York Court of Appeals · 1882
- Brinckerhoff v. . BostwickNew York Court of Appeals · 1885
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