New York Court of Appeals
The New-York and New Haven Railroad Company v. . Robert Schuyler, William Cross and 324 Others.
June 5, 185817 N.Y. 592
Summary
The New‑York and New Haven Railroad Company appealed a demurrer and the Supreme Court's dismissal of its suit to cancel fraudulent stock certificates. The Court of Appeals held that the corporation may sue in equity to void spurious certificates and that the joinder of many defendants is not a ground for demurrer when the claims arise from a common right. The demurrer was overruled and the case was remanded with leave to answer.