Cohen v. Dana

Appeal is taken to this court by plaintiff from a judgment dismissing the complaint entered upon the order of the Appellate Division.

As the complaint has been dismissed before answer, we are compelled to take the allegations as if proven true. The complaint alleges that the action is brought “ for the benefit and in the right of said The Fisk Rubber Corporation and for the benefit and in the right of all stockholders of the common stock of the Fisk Rubber Corporation ” (hereinafter called Fisk) against the directors of that corporation and certain other third parties, all of whom it is…