Nash v. Hall Signal Co.
New York Supreme Court
Appeal by tlie plaintiffs, Abbie S. Nasli and others, from an interlocutory judgment of tlie Supreme Court in favor of the defendant, The Hall Signal Company, entered in the office of the clerk of the county of New York on the 3d day of July, 1895, upon the decision of the court rendered after a trial at the New York Special Term sustaining the said defendant’s demurrer to the complaint, with notice of an intention to bring up for review upon such appeal an order entered in…
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Appeal by tlie plaintiffs, Abbie S. Nasli and others, from an interlocutory judgment of tlie Supreme Court in favor of the defendant, The Hall Signal Company, entered in the office of the clerk of the county of New York on the 3d day of July, 1895, upon the decision of the court rendered after a trial at the New York Special Term sustaining the said defendant’s demurrer to the complaint, with notice of an intention to bring up for review upon such appeal an order entered in said clerk’s office on the 24th day . of June, 1895, sustaining the demurrer, and directing the entry of judgment.
1Opinion of the Court
Follett, J.:
In case A and «B, directors in a corporation, waste its funds during one year, and B and 0, directors, by some act not connected with the first devastavit, waste its funds in another year, the three cannot be joined in an equitable action brought by or in behalf of the corporation to compel them to account for and pay the damages sustained by these independent, wrongful acts. Wasting the property of a corporation by its directors is a tort. A is not liable for the acts of B and 0, and C is not liable for the acts of A and B, and these independent, tortious acts constitute distinct…
2Cited by6 opinions
- People v. Equitable Life Assurance Society of United StatesAppellate Division of the Supreme Court of the State of New York · 1908
- Moran v. VreelandNew York Supreme Court · 1913
- Sayles v. Central National BankNew York Supreme Court · 1896
- Sayles v. WhiteAppellate Division of the Supreme Court of the State of New York · 1897
- Bookbinder v. Chase National Bank of City of New YorkNew York Supreme Court · 1934
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