Hammer v. Werner
Appellate Division of the Supreme Court of the State of New York
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
- Stokes v. . Continental Trust Co.New York Court of Appeals · 1906
- von Au v. MagenheimerAppellate Division of the Supreme Court of the State of New York · 1908
- Pollitz v. . GouldNew York Court of Appeals · 1911
- Ritchie v. McMullenCourt of Appeals for the Sixth Circuit · 1897
- Rothmiller v. . SteinNew York Court of Appeals · 1894
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3Cited by34 opinions
- Abrams v. DonatiNew York Court of Appeals · 1985
- Sutter v. General Petroleum Corp.California Supreme Court · 1946
- Elster v. American Airlines, Inc.Court of Chancery of Delaware · 1953
- Schwartz v. MarienNew York Court of Appeals · 1975
- Fidelis Corporation v. Litton Industries, Inc.District Court, S.D. New York · 1968
29 more not listed; retrieve them via the Exa API.