Jones v. Healy

This is a motion, after trial (184 Misc. 923) and before judgment, to add parties plaintiff. Whether the motion should be granted depends on whether the action is a representative one. The action, purporting to be representative, was brought by shareholders of the Adams Express Company to set aside an appraisal of the stock of shareholders dissenting from an amendment to the articles of association, which dissent entitled them under the articles to the “ true cash value ” of their stock as appraised by three officers of the company, upon the ground that the appraisal was contrary to the terms…