Robert A. Van Cleave, Appellant, v. William C. Demorest and Others, Respondents

Second Department, September, 1916. Robert A. Van Cleave, Appellant, v. William C. Demorest and Others, Respondents. Corporation—party — right of one owning nearly all corporate stock to sue to enforce corporate right. Appeal by the plaintiff from a judgment of the Special Term, entered in the office of the clerk of the county of Kings on or about the 21st day of March, 1916, dismissing his complaint on the ground that it did not state facts sufficient to constitute a cause of action. [MAJORITY — Per Curiam:] Per Curiam: The fact that at the beginning of this suit appellant owned all excepting four shares of the capital stock of the Van Cleave Construction Company did not entitle him to maintain this suit in his individual name. The title to the land was in the corporation, which was party to the building and loan agreements mentioned in the complaint. Even had plaintiff wholly controlled the corporation by ownership of every share of its corporate stock, he would not thereby, as a natural person, have legally become the corporation so as to bring an independent suit to enforce a corporate right. (Knickerbocker v. Conger, 110 App. Div. 125; Greaves v. Gouge, 69 N. Y. 154; Smith v. Hurd, 12 Metc. 371; Wells v. Dane, 101 Maine, 67; 10 Cyc. 996.) The judgment of dismissal of the complaint is, therefore, affirmed, with costs. Jenks, P. J., Carr, Mills, Rich and Putnam, JJ., concurred. Judgment affirmed, with costs.