Law v. Alexander Smith & Sons Carpet Co.

This is a motion under subdivision 3 of rule 107 of the Rules of Civil Practice for an order dismissing the complaint on the ground that the plaintiff lacks legal capacity to bring this action. The complaint contains three causes of action, the first two being brought by plaintiff in a derivative capacity and the third charging deprivation of her pre-emptive rights to purchase a prorata share of a new issue of stock. Plaintiff’s interest in the corporation, on whose behalf the action is instituted, arises under her husband’s will, by the terms of which she was bequeathed certain of his stock…