New York Court of Appeals

Henrey W. Sage, Respondents v. Andrew R. Culver, Appellants

October 15, 1895147 N.Y. 241

Summary

The Court affirmed the lower court's order overruling the defendants' demurrer, holding that the complaint was sufficient to state a cause of action for an accounting, that a stockholder may sue in his own name when the corporation is under exclusive control of its trustees, that a staleness defense must be raised in an answer, and that refusal to permit inspection does not create a mandamus claim.