Holmes v. Saint Joseph Lead Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Hugh N. Camp, Jr., and another, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 16th day of April, 1915, overruling their demurrer to the complaint and granting plaintiffs’ motion for judgment on the pleadings.
1Opinion of the Court
McLaughlin, J.:
The plaintiffs are stockholders and the individual defendants are directors of the defendant St. Joseph Lead Company. This action is brought to compel the defendant directors to account for and pay over to the company the amount of losses alleged to have been sustained by it through their negligence.
The negligence alleged relates to or is involved in certain transactions of the Farmers and Miners’ Trust Company, a Missouri corporation, since dissolved, of which the lead company owned eighty-three per cent of the capital stock. In March, 1912, according to the allegations of the…
2Cases cited2 opinions
- People v. Equitable Life Assurance Society of United StatesAppellate Division of the Supreme Court of the State of New York · 1908
- Cass v. . Realty Securities CompanyNew York Court of Appeals · 1912
3Cited by2 opinions
- Billings v. Charles Millar & Son Co.District Court, N.D. New York · 1915
- Holmes v. Saint Joseph Lead Co.Appellate Division of the Supreme Court of the State of New York · 1915