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RIPLEY v. INT. RYS. OF CENT. AM.

8 N.Y.2d 430 (1960)

Charles B. Ripley et al., Individually and as Stockholders of International Railways of Central America, Suing in Behalf of Themselves and All Other Stockholders Similarly Situated, Appellants-Respondents, v. International Railways of Central America, Appellant-Respondent, and United Fruit Company, Respondent-Appellant.

Court of Appeals of the State of New York.

Decided December 1, 1960.

Attorney(s) appearing for the Case

T. Roland Berner, Aaron Lewittes, Julian S. Bush, M. Victor Leventritt, Shirley D. Brinsfield and Sidney Bender for Charles B. Ripley and others, appellants-respondents.

Harry Bijur and Alexander Kahan for John A. Bonaudi and others, appellants-respondents.

Herman A. Bayless, of the Ohio Bar, admitted on motion pro hac vice, for Peter G. Thomson, Jr., and others, appellants-respondents.

Inzer B. Wyatt for International Railways of Central America, appellant-respondent.

Ralph M. Carson, Theodore Kiendl, Porter R. Chandler, Edwin J. Jacob and Edward E. Ellis for respondent-appellant.

Chief Judge DESMOND and Judges FROESSEL and BURKE concur with Judge VAN VOORHIS; Judge FULD concurs in result; Judges DYE and FOSTER dissent and vote to reverse and to dismiss the complaint in separate opinions.

VAN VOORHIS, J.

This is a minority stockholders' suit on behalf of International Railways of Central America (hereafter described as Irca) against United Fruit Company (hereafter described as United) to recover damages arising from what are claimed to have been insufficient freight rates charged by Irca for the transportation in Guatemala of bananas for export and of imported materials and supplies for United...

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