New York Supreme Court, 1867

Scott v. Roberts

Scott v. Roberts
New York Supreme Court · Decided November 15, 1867 · Clerke
34 How. Pr. 185

Counsel

W. M. Evarts, W. G. Choate and, John Fitch, for defendant., Ward & Whiehead, for plaintiff.

Scott v. Roberts

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.