Scott v. Roberts

New York Supreme Court

Scott v. Roberts

34 How. Pr. 185

DecidedNovember 15, 1867

StatusPublished

This text of 34 How. Pr. 185 (Scott v. Roberts) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Scott v. Roberts, 34 How. Pr. 185 (N.Y. Super. Ct. 1867).

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Opinion

Clerke, J.

These are actions brought by the several plan-tiffs as the holders of the bills of a bank, incorporated by the state of Georgia, against the defendant, as a director of the corporation.

The reasons which I have mentioned in the preceding cases, 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 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 on the demurrers, with costs.

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Clerke, J.

These are actions brought by the several plan-tiffs as the holders of the bills of a bank, incorporated by the state of Georgia, against the defendant, as a director of the corporation.

The reasons which I have mentioned in the preceding cases, 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 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 on the demurrers, with costs.

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Bluebook (online)

34 How. Pr. 185, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scott-v-roberts-nysupct-1867.