ANDRE v. BEHA, N.Y., Judgment, Law, casemine.com

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Attorney(S)

John W. Hogan, Paul Bonynge and Wendell P. Barker for plaintiff, appellant. Mortimer W. Byers for trustees, defendants, appellants. William H. Harding and Meier Steinbrink for Northern Insurance Company of Moscow et al., defendants, appellants. Albert Ottinger, Attorney-General ( Edward G. Griffin of counsel), for respondent. Frederick B. Campbell and Paul C. Whipp, amici curiae.

Judges

Per Curiam.

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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.

Per Curiam.

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.

HISCOCK, Ch. J., CARDOZO, POUND, McLAUGHLIN and LEHMAN, JJ., concur; CRANE, J., dissents; ANDREWS, J., not voting.

Judgment affirmed.

ANDRE v. BEHA

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.

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