New York Court of Appeals

The German-American Coffee Company, Appellant v. Clarence A. Diehl, Respondent

October 5, 1915216 N.Y. 57

Summary

The New York Court of Appeals held that a foreign corporation doing business in New York may sue its directors for declaring dividends out of capital, and that the directors are personally liable under section 70 of the Stock Corporation Law. The Court reversed the lower court's dismissal of the complaint.