Spiegelman v. Elfenbein

Finch, J. (dissenting).

Plaintiff, appellant, as owner of fifty per cent of the capital stock of the defendant corporation, and as one of its two directors, individually and for the benefit of the defendant corporation, sues the owner of the remaining fifty per cent of the capital stock and certain other individuals, because of their acquisition of the property and business of the corporation pursuant to an alleged conspiracy. Hiram Elfenbein, one of the alleged conspirators, has procured an order dismissing the complaint upon the ground that it fails to state a cause of action against said…