Legal Opinion

Ryan v. Grissinger

New York Supreme Court

Decided March 15, 1912Published

Action by Michael B. Ryan, on behalf of himself atid of other stockholders of the Automatic Chain Company, against Elwood Gris-singer and another. Demurrer to complaint by defendant Grissinger.

1Opinion of the CourtWheeler, J.

[1] The. defendant Grissinger contends the complaint fails to state a cause of action. The complaint alleges that the defendant the Automatic Chain Company is a corporation; that the plaintiff is a stockholder therein; that the plaintiff has demanded that the corporation institute and prosecute this action, which it has declined and omitted to do. The plaintiff therefore had the right to bring this action, which is prosecuted in the interest and for the benefit of the corporation. Sage v. Culver, 147 N. Y. 246, 41 N. E. 513; Kavanaugh v. Commonwealth Trust Co., 181 N. Y. 121, 124, 73 N. E.…

2Cases cited10 opinions

  1. Sage v. . CulverNew York Court of Appeals · 1895
  2. Kavanaugh v. . Commonwealth Trust Co.New York Court of Appeals · 1905
  3. Jacobson v. . Brooklyn Lumber Co.New York Court of Appeals · 1906
  4. O'Connor v. . Virginia Passenger Power Co.New York Court of Appeals · 1906
  5. Tew v. . WolfsohnNew York Court of Appeals · 1903

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