Dusenberry v. Sagamore Development Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Sagamore Development Company and others, from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 21st day of May, 1913, overruling demurrers to the complaint.
1Per curiam
Plaintiffs have attempted to state two causes of action which may not be joined. One is a representative action by stockholders of the Sagamore Development Company, in which the corporation, although a nominal defendant, is really a plaintiff in the sense that it has rights against the other defendants which the plaintiff stockholders are entitled to have it enforce. This cause of action belongs to the corporate body, and not to the plaintiff or other stockholders individually, nor to the body of stockholders collectively. (Continental Securities Co. v. Belmont, 206 N. Y. 7, 15.) The other is…
2Cases cited4 opinions
- Continental Securities Co. v. . BelmontNew York Court of Appeals · 1912
- Higgins v. . CrichtonNew York Court of Appeals · 1885
- Higgins v. CrichtonNew York Court of Common Pleas · 1882
- Todaro v. Somerville Realty Co.Appellate Division of the Supreme Court of the State of New York · 1910
3Cited by1 opinion
- Dusenberry v. Sagamore Development Co.Appellate Division of the Supreme Court of the State of New York · 1914