Hyperlawhypertext legal database O'Brien v. O'Connell 14 N.Y. Sup. Ct. 228

← Cases

O'Brien v. O'Connell

14 N.Y. Sup. Ct. 228 Court N.Y. Gen. Term English

Judges Davis, P. J., and Brady, J., concurred.

Delivered by Daniels, J.

Contents

Majority

p. 228
MICHAEL O'BRIEN, Respondent, v. WILLIAM O'CONNELL and THE ST. PATRICK MUTUAL ALLIANCE ASSOCIATION, Impleaded with JAMES J. TRAYNOR and others, Appellants.

Headnote

Corporation— right of individual to bring action in behalf of
An action for the protection of a private corporation should be brought by it, and not by an individual, unless1 its refusal to prosecute such an action, or its collusion with the defendants be shown. If a person have no direct individual interest in the fund and property claimed, his application for an injunction and receiver will be denied. (Cray v. 17. 7. and Virginia Steamship Co., 10 N. Y. 8 . C. [3 Hun], 383; Wedjen v. Vibbard, 12 id. [5 Hun], 265.)
p. 229
Appeal, from an order appointing a receiver and continuing an injunction.
Charles Matthews, for the appellant. John T. McGowcm, for the respondent.

Opinion by

Davis, P. J., and Brady, J., concurred.

Order reversed with ten dollars costs and disbursements ; motion denied with ten dollars costs.