McQuade v. Cook

Appellate Division of the Supreme Court of New York

McQuade v. Cook

275 A.D.2d 774

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 4, 1949

StatusPublished

This text of 275 A.D.2d 774 (McQuade v. Cook) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McQuade v. Cook, 275 A.D.2d 774 (N.Y. Ct. App. 1949).

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Opinion

[775]*775The reasons stated in the complaint for failure to serve a demand upon the corporate defendant to commence an action for the redress sought are insufficient. Allegations that the majority of the board of directors are subservient to the alleged wrongdoer, or under obligations to him, in the absence of allegations of wrongdoing on their part, do not show that an application to the board to institute such an action, made upon a suitable presentation of the facts, would prove futile. Such allegations do not establish even by fair inference that upon a proper demand the directors would violate their duty to the corporation. (O’Connor v. Virginia Passenger & Power Co., 184 N. Y. 46, 53; Marco V. Sachs, 269 App. Div. 845, affd. 295 N. Y. 642.) Carswell, Acting P. J. Johnston, Adel, Sneed and MacCrate, JJ., concur. [193 Misc. 435.]

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[775]*775The reasons stated in the complaint for failure to serve a demand upon the corporate defendant to commence an action for the redress sought are insufficient. Allegations that the majority of the board of directors are subservient to the alleged wrongdoer, or under obligations to him, in the absence of allegations of wrongdoing on their part, do not show that an application to the board to institute such an action, made upon a suitable presentation of the facts, would prove futile. Such allegations do not establish even by fair inference that upon a proper demand the directors would violate their duty to the corporation. (O’Connor v. Virginia Passenger & Power Co., 184 N. Y. 46, 53; Marco V. Sachs, 269 App. Div. 845, affd. 295 N. Y. 642.) Carswell, Acting P. J. Johnston, Adel, Sneed and MacCrate, JJ., concur. [193 Misc. 435.]

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275 A.D.2d 774, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcquade-v-cook-nyappdiv-1949.

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