Potter v. Walker
Appellate Division of the Supreme Court of the State of New York
1Per curiam
Plaintiff, suing for wrong done the corporation of which he was a stockholder, of necessity brought his action in equity, which alone could afford him a remedy. (Brinckerhoff v. Bostwick, 105 N. Y. 567; O’Brien v. Fitzgerald, 143 id. 377, 382; Bookbinder v. Chase Nat. Bank of New York, 244 App. Div. 650.)
His action is a representative one, whether so stated or not. (Grant v. Greene Consolidated Copper Co., 169 App. Div. 206; affd., 223 N. Y. 655.) While plaintiff as a stockholder has the right to invoke the aid of a court of equity, any cause of action he might have is a derivative one and…
2Cases cited7 opinions
- Falk v. . HoffmanNew York Court of Appeals · 1922
- Brinckerhoff v. . BostwickNew York Court of Appeals · 1887
- Holmes v. CampAppellate Division of the Supreme Court of the State of New York · 1917
- Hanover Fire Insurance v. Morse Dry Dock & Repair Co.New York Court of Appeals · 1936
- Grant v. Greene Consolidated Copper Co.Appellate Division of the Supreme Court of the State of New York · 1915
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Gottfried v. GottfriedAppellate Division of the Supreme Court of the State of New York · 1945
- Liken v. ShafferDistrict Court, N.D. Iowa · 1946
- State Ex Rel. Weede v. BechtelSupreme Court of Iowa · 1952
- Chaplin v. SelznickNew York Supreme Court · 1945
- Chance v. Guaranty Trust Co.New York Supreme Court · 1939
6 more not listed; retrieve them via the Exa API.