Quaid v. Ratkowsky
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Hopeton Drake Atterbury Quaid and another, 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 19th day of December, 1917, striking the action from the Special Term calendar and remanding it to the Trial Term as an action at law triable by jury. The order was made by the presiding justice at Special Term at the close of plaintiffs’ case.
1Opinion of the Court
Shearn, J.:
An action against the individual owner of practically all the shares of stock of a corporation to compel the payment of an unsatisfied judgment obtained against the corporation is on its face unusual. It is not without precedent, however, and under the circumstances existing in this case it is, upon what seems to me to be sound principle, maintainable. Upholding the right of action does not involve any departure from the well-settled rule that the mere fact that an individual owns practically all the shares of stock of a corporation does not subject him to any personal liability at…
2Cases cited8 opinions
- United States v. Lehigh Valley RailroadSupreme Court of the United States · 1911
- J. J. McCaskill Co v. United StatesSupreme Court of the United States · 1910
- Winne v. . WinneNew York Court of Appeals · 1901
- Goss v. GossAppellate Division of the Supreme Court of the State of New York · 1911
- Young v. . OverbaughNew York Court of Appeals · 1895
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3Cited by44 opinions
- Dewitt Truck Brokers, Inc. v. W. Ray Flemming Fruit Company and W. Ray FlemmingCourt of Appeals for the Fourth Circuit · 1976
- Walter E. Heller & Co. v. Video Innovations, Inc.Court of Appeals for the Second Circuit · 1984
- Bartle v. Home Owners Cooperative, Inc.New York Court of Appeals · 1955
- Weisser v. Mursam Shoe CorporationCourt of Appeals for the Second Circuit · 1942
- Abbott v. BOB'S U-DRIVEOregon Supreme Court · 1960
39 more not listed; retrieve them via the Exa API.