Andre v. Beha
New York Court of Appeals
Andre v. Beha, 148 N.E. 724 (N.Y. 1925)
240 N.Y. 605; 1925 N.Y. LEXIS 834
<italic>Per Curiam.</italic>
Andre v. Beha
Opinion of the Court
Plaintiff as managing director for Northern Insurance Company of Moscow is not the real party in interest and may not maintain this action as such. (Spencer v. Standard C. & M. Corp., 237 N. Y. 479.)
As a stockholder suing in a representative capacity in the right of the corporation he has not made out a cause of action since no waste of corporate assets is threatened. (Howes v. City of Oakland, 104 U. S. 450.)
The judgment should be affirmed, with costs.
His cock, Ch. J., Cardozo, Pound, McLaughlin and Lehman, JJ., concur; Crane, J., dissents; Andrews, J., not voting.
Judgment affirmed.
Reference
- Full Case Name
- Nicholas Andre, Suing on Behalf of Himself and Other Stockholders of Northern Insurance Company of Moscow, Appellant, v. James A. Beha, as Superintendent of Insurance of the State of New York, Respondent, and Mortimer W. Byers Et Al., as Trustees, Et Al., Appellants
- Cited By
- 4 cases
- Status
- Published