Nash v. Hall Signal Co.
New York Supreme Court
Appeal by tlie plaintiffs, Abbie S. Nasli and others, from an interlocutory judgment of tlie Supreme Court in favor of the defendant, The Hall Signal Company, entered in the office of the clerk of the county of New York on the 3d day of July, 1895, upon the decision of the court rendered after a trial at the New York Special Term sustaining the said defendant’s demurrer to the complaint, with notice of an intention to bring up for review upon such appeal an order entered in…
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Appeal by tlie plaintiffs, Abbie S. Nasli and others, from an interlocutory judgment of tlie Supreme Court in favor of the defendant, The Hall Signal Company, entered in the office of the clerk of the county of New York on the 3d day of July, 1895, upon the decision of the court rendered after a trial at the New York Special Term sustaining the said defendant’s demurrer to the complaint, with notice of an intention to bring up for review upon such appeal an order entered in said clerk’s office on the 24th day . of June, 1895, sustaining the demurrer, and directing the entry of judgment.
1DissentO’Brien, J.
Upon the authority of Brinckerhoff v. Bostwick (88 N. Y. 52) I think the action is maintainable. The suit is one brought by stockholders who, on behalf of the corporation, demand an accounting for property which has been taken, or allowed to be taken, from the corporation. The acts complained of, although happening at different periods of time, are but cumulative and constitute a single cause of action. It is true that certain of these defendants were not directors, but were transferees of the assets of the corporation; but their being made parties does not change the nature of the action,…
2Cases cited8 opinions
- Briggs v. SpauldingSupreme Court of the United States · 1891
- Brinckerhoff v. . BostwickNew York Court of Appeals · 1882
- Nichols v. . DrewNew York Court of Appeals · 1883
- Heath v. Erie Ry. Co.U.S. Circuit Court for the District of Southern New York · 1871
- Fisk v. Chicago, Rock Island & Pacific RailroadNew York Supreme Court · 1868
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