Clarkson v. Walpole Rubber Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Geoffrey T. Clarkson, as liquidator and -assignee, etc.!, from two orders 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 25th day of February, 1913, sustaining demurrers to the complaint interposed by the defendants Wal'pole Rubber Company and Edward P. Metcalf.
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Appeal by the plaintiff, Geoffrey T. Clarkson, as liquidator and -assignee, etc.!, from two orders 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 25th day of February, 1913, sustaining demurrers to the complaint interposed by the defendants Wal'pole Rubber Company and Edward P. Metcalf. The plaintiff, a liquidator of a foreign insolvent bank, sues as a stockholder to enforce a cause of action belonging to the Valveless Inner Tube Company against the defendant and others who are charged with wrongfully converting…
1Opinion of the Court
Hotchkiss, J.:(1) In his capacity as liquidator, plaintiff does not sue by virtue of his office, but because it was in such capacity that the certificate of stock of the Valveless Company was transferred to him, and he is thus alleged to have legal title thereto.. For this reason the objection to his capacity to sue as liquidator is bad.(2) No ground is shown for making plaintiff a party in .his capacity as assignee of Travers. It appears from the complaint that the only interest Travers had in the matter in controversy *871arose from his ownership of the 2,450 shares of the Valveless Company…
2Cases cited5 opinions
- McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
- Emery v. . PeaseNew York Court of Appeals · 1859
- Heath v. Erie Ry. Co.U.S. Circuit Court for the District of Southern New York · 1871
- Havana City Railway Co. v. CeballosAppellate Division of the Supreme Court of the State of New York · 1900
- Ervin v. Oregon Railway & Navigation Co.New York Supreme Court · 1882
3Cited by1 opinion
- 42nd Street Fotoshop, Inc. v. Weimet Film Co.New York Supreme Court · 1954