Planten v. National Nassau Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Edward Earl and others, 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 3d day of February, 1916, sustaining plaintiff’s demurrer to the first separate and affirmative defense contained in the answers of the several appellants.
1Opinion of the Court
Laughlin, J.:
This is an action by a stockholder of the National Nassau Bank of New York in the right of the corporation for an accounting by directors for losses resulting from them mismanagement, wrongful acts and negligence.
The facts which ordinarily entitle a stockholder to bring such an action without first demanding that it be brought by the corporation are sufficiently shown by allegations from which the inference flows that such demand would have been futile. The learned counsel for the appellants contends, however, that the facts pleaded in the defense to which the demurrer relates *256req…
2Cases cited16 opinions
- Hawes v. OaklandSupreme Court of the United States · 1882
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- Continental Securities Co. v. . BelmontNew York Court of Appeals · 1912
- Flynn v. . Brooklyn City R.R. Co.New York Court of Appeals · 1899
- Chemical National Bank v. Hartford Deposit Co.Supreme Court of the United States · 1896
11 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Fed. Sec. L. Rep. P 96,366 Benjamin A. Cook v. Avien, Inc., James F. Pritchard, Benjamin A. Cook v. Avien, Inc.Court of Appeals for the First Circuit · 1978
- City Nat. Bank of Huron, SD v. FullerCourt of Appeals for the Eighth Circuit · 1931
- Earl v. BrewerAppellate Division of the Supreme Court of the State of New York · 1936
- Kranich v. BachAppellate Division of the Supreme Court of the State of New York · 1924
- Manufacturers Mutual Fire Insurance v. HopsonNew York Supreme Court · 1940
17 more not listed; retrieve them via the Exa API.