Legal Opinion
Miller v. Miller
Appellate Division of the Supreme Court of the State of New York
Decided January 30, 1939PublishedCited by 15 opinions
1Opinion of the Court
Order denying defendants’ motion to dismiss complaint under rule 106 of the Rules of Civil Practice, on the ground that the plaintiff has not legal capacity to sue, reversed on the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. It has been repeatedly held that to bring a representative action against a corporation plaintiff must show that she is a stockholder at the time the action is instituted. (Hanna v. Lyon, 179 N. Y. 107; Kavanaugh v. Commonwealth Trust Co., 181 id. 121; Edelstein V. Frank, 208 App. Div. 790.) It is not sufficient that…
2Cases cited5 opinions
- Accounting of Parascandola v. National Surety Co.New York Court of Appeals · 1928
- Hanna v. . LyonNew York Court of Appeals · 1904
- Baum v. SporborgAppellate Division of the Supreme Court of the State of New York · 1911
- In re the Estate of BarrettNew York Surrogate's Court · 1938
- Edelstein v. FrankAppellate Division of the Supreme Court of the State of New York · 1924
3Cited by15 opinions
- Werfel v. KramarskyDistrict Court, N.D. New York · 1974
- Matthies v. Seymour Manufacturing Co.District Court, D. Connecticut · 1958
- Pikor v. Cinerama Productions Corp.District Court, S.D. New York · 1960
- Bernstein v. Polo Fashions, Inc.Appellate Division of the Supreme Court of the State of New York · 1976
- Harris v. AverickNew York Supreme Court · 1960
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