Cohen v. Dana

The action is by a stockholder of The Fisk Rubber Corporation, suing on his own behalf and on behalf of other stockholders similarly situated, against the directors of that corporation and certain others, “ in the right of said The Fisk Rubber Corporation ” for damages due to alleged misconduct of the defendants to the detriment of The Fisk Rubber Corporation.

Ordinarily a complaint may not be dismissed before answer because of defect of parties. Here, however, in order that plaintiff, as a stockholder, may state a derivative cause of action, it is an integral part of such statement that the…