Holmes v. Saint Joseph Lead Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Edward 0. Smith, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 16th day of April, 1915, overruling his demurrer to the complaint and granting the plaintiffs’ motion for judgment on the pleadings.
1Opinion of the Court
McLaughlin, J.:
This action, like the one brought by the same plaintiffs, in which the appeal of the defendants Camp and Smith is decided herewith (Holmes v. Saint Joseph Lead Co., No. 2, 168 App. Div. 688), is an action by stockholders of the St. Joseph Lead Company to compel the defendant directors of the company to *686account for and pay over to it the amount of losses alleged to have been sustained through their negligence. The defendant Smith demurred to the complaint upon the ground that it did not state facts sufficient to constitute a cause of action against him. After the demurrer was…
2Cases cited1 opinion
- Holmes v. Saint Joseph Lead Co.Appellate Division of the Supreme Court of the State of New York · 1915
3Cited by1 opinion
- Holmes v. SmithAppellate Division of the Supreme Court of the State of New York · 1915