Winter v. Baker

34 How. Pr. 183
New York Supreme Court·Decided November 15, 1867·Published·Cited by 1 cases

Opinion

Clerks, J.

These are actions brought by the several plaintiffs 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 defendant. If a stockholder cannot maintain such an action, a creditor certainly cannot do so.

" Judgment on the demurrers, with costs.

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Winter v. Baker, 34 How. Pr. 183 (N.Y. Super. Ct. 1867).

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12 F. 454 (U.S. Circuit Court for the District of Southern New York, 1882)