Branch v. Roberts

50 Barb. 435, 1867 N.Y. App. Div. LEXIS 158

• Court: New York Supreme Court
• Decided: October 7, 1867
• Status: Published

Opinion

Clerks, J.

The reasons which I have mentioned in the preceding cases

(a) apply to these, with greater force. But, more especially applicable to these cases is the rule, well established, that a stockholder cannot sue directors for damages, on the ground that their stock was made valueless by the misconduct of the defendants. If a stockholder cannot maintain such an action, a creditor certainly cannot do so. Judgment for the defendant, on the demurrers, with costs.

[New York Special Term, October 7, 1867.

Glerke, Justice.]

Winter v. Baker, and Patterson v. Baker, ante p. 432,