Katz v. R. Hoe & Co.

This action by a holder of common stock of a corporation claiming to sue on behalf of himself and all other common stockholders, was instituted primarily for an injunction to restrain a corporate consolidation. Months before the appeal was heard, the consolidation had been fully consummated and the stock of the corporation reissued in accordance therewith, after plenary trial in which Special Term had entered judgment in defendants’ favor dismissing the complaint on the merits.

Relief was also sought on the ground of fraud but the evidence supports the trial court’s finding that there was no…