Bullis v. Bruce

I dissent and vote to affirm.

The Wetmore and Zimmerman cases (Wetmore v. Porter, 92 N. Y. 76; Zimmerman v. Kinkle, 108 N. Y. 282), are distinguishable from the present matter in that the causes of action in those cases were based upon transactions had or participated in by the plaintiffs while acting in the very representative capacities in which they sued. Here, the complaint shows that the transaction sought to be set aside was conducted by Nellie E. Bullís entirely and solely in her individual capacity — and before she possessed any other. The complaint shows no cause of action which…