New York Court of Appeals

Thea Isaac, Appellant v. Bernard K. Marcus, Defendants, and Bank of United States, Respondents

January 5, 1932258 N.Y. 257

Summary

The Court affirmed the dismissal of the stockholder's derivative action, holding that the Superintendent of Banks, as statutory receiver, has exclusive authority to bring such actions and the plaintiff failed to show that the Superintendent had refused to act or that the stockholder had exhausted all required remedies.