General Rubber Co. v. . Benedict
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 14, 1914, which affirmed an interlocutory judgment of Special Term overruling a demurrer to the complaint.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 14, 1914, which affirmed an interlocutory judgment of Special Term overruling a demurrer to the complaint. The following question was certified: “Does the complaint state facts sufficient to constitute a cause of action ? ” The distinction sought to be .made by the court below that this action will lie “ because it is not a derivative action in which the stockholder is seeking.to recover his share of the damages sustained by a corporation in which he is…
1Opinion of the CourtCardozo, J.
This case comes here on a demurrer to a complaint. The plaintiff is a corporation. It is organized under the laws of New J ersey.' The defendant is one of its directors. There is another corporation, organized in the same state, known as General Rubber Company of Brazil. The capital stock of the latter company is made up of three thousand shares; and all the shares, with the exception of eighteen, are held and owned by the plaintiff. For convenience, we shall refer to the plaintiff as the holding, and the General Rubber Company of Brazil as the subsidiary company. The general manager of the…
2Cases cited11 opinions
- Leather Manufacturers' Bank v. MorganSupreme Court of the United States · 1886
- Rothschild v. . Title Guarantee Trust Co.New York Court of Appeals · 1912
- Hun v. . CaryNew York Court of Appeals · 1880
- Bosworth v. . AllenNew York Court of Appeals · 1901
- Continental National Bank v. National Bank of the CommonwealthNew York Court of Appeals · 1872
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- Brock v. . PoorNew York Court of Appeals · 1915
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