Legal Opinion

Hammer v. Werner

Appellate Division of the Supreme Court of the State of New York

Decided June 16, 1933PublishedCited by 34 opinions

1Opinion of the CourtCarswell, J.

Plaintiff seeks damages of $286,177, as a former stockholder in the American Metal Cap Company. His complaint is attacked as one that seeks redress for wrongs that may be redressed only in a derivative action. Plaintiff disavows pleading a derivative action. We may disregard, as surplusage, allegations that assert a wrong to the corporation and, indirectly, a wrong to the stockholder, on the theory that they may be righted only in a derivative action. The question is, therefore, do the allegations disclose a wrong to the stockholder as such, apart from the corporation?

The complaint, liberally…

2Cases cited8 opinions

  1. Stokes v. . Continental Trust Co.New York Court of Appeals · 1906
  2. von Au v. MagenheimerAppellate Division of the Supreme Court of the State of New York · 1908
  3. Pollitz v. . GouldNew York Court of Appeals · 1911
  4. Ritchie v. McMullenCourt of Appeals for the Sixth Circuit · 1897
  5. Rothmiller v. . SteinNew York Court of Appeals · 1894

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3Cited by34 opinions

  1. Abrams v. DonatiNew York Court of Appeals · 1985
  2. Sutter v. General Petroleum Corp.California Supreme Court · 1946
  3. Elster v. American Airlines, Inc.Court of Chancery of Delaware · 1953
  4. Schwartz v. MarienNew York Court of Appeals · 1975
  5. Fidelis Corporation v. Litton Industries, Inc.District Court, S.D. New York · 1968

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