New York Supreme Court, 1867

Winter v. Baker

Winter v. Baker
New York Supreme Court · Decided November 15, 1867 · Clerks
34 How. Pr. 183

Counsel

W. M. Évarts, W. G-. Choate and, John Fitch, for defendant., Winter & Harris, for plaintiff.

Winter v. Baker

Opinion of the Court

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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