Clarence Carruthers, Appellant v. Jack Waite Mining Company, Defendant, and American Smelting and Refining Company…

Summary

The New York Court of Appeals held that a functioning corporation is an indispensable party to a stockholder's derivative action and that a motion to dismiss for nonjoinder of such a party is premature; the proper procedure is a motion to add the party under rule 102, and the case was remanded for further proceedings.