Fisk v. Albany & Susquehanna Railroad
New York Supreme Court
Motion for leave to file supplemental complaint. This action was brought by James Fisk, Jr., against the Albany & Susquehanna Railroad Company, Joseph H. Ramsey, .and numerous other individual defendants.
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Motion for leave to file supplemental complaint. This action was brought by James Fisk, Jr., against the Albany & Susquehanna Railroad Company, Joseph H. Ramsey, .and numerous other individual defendants. The plaintiff, a stockholder in the railroad company, sued on behalf of himself and all" other stockholders who might come in, to compel payment for the benefit of the corporation, g,nd its creditors, &c., of stock alleged to have been issued by certain of the defendants, as officers of the corporation, to other defendants, or to themselves, or subscribed for in fraud of the rights of other…
1Opinion of the CourtCardozo, J.
Two applications are made to me for leave to file supplemental bills in this cause. The first upon notice upon, as stated before me, the suggestion of Judge Beady, that according to chancery practice, that was necessary ;—the other ex-parte. As the latter bill covers all of and more than that set up in the former, if the latter application be granted, it will supersede the former, for there can be no necessity for both.
The question then arises, is notice necessary % and I find that I correctly stated on the argument that it was a mistake to suppose that it was so, according to the practice in…
2Cases cited3 opinions
- Eager v. PriceNew York Court of Chancery · 1831
- Lawrence v. BoltonNew York Court of Chancery · 1831
- Gerard v. GerardNew York Court of Chancery · 1847