Osann v. Jones
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Joseph W. Jones, from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 7th day of February, 1924, denying his motion to dismiss the complaint on the ground that it does not state facts sufficient to constitute a cause of action.
1Per curiam
The allegations of the complaint, both in respect to plaintiff being a stockholder of preferred stock, and as to the futility of a demand that the corporation sue directly to redress the alleged injury to it, are sufficient. (Witherbee v. Bowles, 201 N. Y. 427; Brock v. Poor, 216 id. 387.; Traub v. Arrow Manufacturing Corporation, 207 App. Div. 292.) The complaint also sets forth a cause of action by the plaintiff on behalf of the corporation. This is not a case in which it has turned out that an invention, or a business idea, for which corporate stock has been issued to a promoter, has less…
2Cases cited7 opinions
- Old Dominion Copper Mining & Smelting Co. v. LewisohnSupreme Court of the United States · 1908
- Pollitz v. . GouldNew York Court of Appeals · 1911
- Morgan v. . Bon Bon Co.New York Court of Appeals · 1917
- Witherbee v. . BowlesNew York Court of Appeals · 1911
- Scully v. Automobile Finance CompanyCourt of Chancery of Delaware · 1917
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