Parsons v. Hayes
The Superior Court of New York City
The plaintiff, Levi H. Parsons, claiming to be a shareholder in the Varlmff Mining, Smelting and Milling Company, a corporation formed under the laws of the State of New York, brought this action against Joseph Hayes and others, president, and directors of such corporation. The complaint alleged, inter alia, that the corporation was under a disability to sue, by reason of being controlled by its directors, who were guilty of malfeasance in office.
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The plaintiff, Levi H. Parsons, claiming to be a shareholder in the Varlmff Mining, Smelting and Milling Company, a corporation formed under the laws of the State of New York, brought this action against Joseph Hayes and others, president, and directors of such corporation. The complaint alleged, inter alia, that the corporation was under a disability to sue, by reason of being controlled by its directors, who were guilty of malfeasance in office. The other averments are stated in the opinion. The defendants demurred to the original complaint for insufficiency and upon trial of the issue of…
1Opinion of the Court
Sedgwick, Ch. J. [After reference to a question of practice.]
The respondent claims that upon the ap*425peal, it is proper to examine the complaint to see if it contained a statement of any cause of action. The appellant, on the other hand, maintains, that such an examination cannot here be made, because an original complaint was demurred to by the defendant and the demurrer was overruled; that the present amended complaint contains the statements that in the original complaint were held to set forth a cause of action, and that, therefore, it stands, as the law of the case, that the present…
2Cases cited8 opinions
- Kent v. . Quicksilver Mining Co.New York Court of Appeals · 1879
- Hotel Co. v. WadeSupreme Court of the United States · 1878
- Butts v. . WoodNew York Court of Appeals · 1867
- Railway Company v. AllertonSupreme Court of the United States · 1874
- President, Directors & Co. of Mechanics' Bank v. New-York & New Haven RailroadNew York Court of Appeals · 1856
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3Cited by8 opinions
- Higgins v. LansinghIllinois Supreme Court · 1895
- Pietsch v. MilbrathWisconsin Supreme Court · 1905
- Kimmel Sales Corp. v. LausterNew York Supreme Court · 1938
- Klum v. Clinton Trust Co.New York Supreme Court · 1944
- Insurance Press v. Montauk Fire Detecting Wire Co.Appellate Division of the Supreme Court of the State of New York · 1905
3 more not listed; retrieve them via the Exa API.