 We understand that doctrine to be that to enable a stockholder in a corporation to sustain in a court of equity in his own name, a suit founded on a right of action existing in the corporation itself, and in which the corporation itself is the appropriate...  The American and English Encyclopedia of Law - Page 281edited by - 1888Full view - About this book
 | United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1986 - 996 pages
...v. Oakland, 104 US 450, 460 (1882), for instance, the Court explained that a derivative suit is one "founded on a right of action existing in the corporation...corporation itself is the appropriate plaintiff." Similarly, Cohen v. Beneficial Loan Corp., 337 US 541, 548 (1949), stated that a derivative action... | |
 | Connecticut. Supreme Court of Errors - Law reports, digests, etc - 1891 - 672 pages
...vires. And on page 460 of the same case the court says : — " We understand the doctrine to be that to enable a stockholder in a corporation to sustain...equity, in his own name, a suit founded on a right «f action existing in the corporation itself, and in which the corporation itself is the appropriate... | |
 | John Hoff Stewart - Equity - 1883 - 750 pages
...class of cases in which a stockholder of a corporation may maintain a suit in equity in his own name, founded on a right of action existing in the corporation itself, and in which it is the appropriate complainant, recognized the following grounds : Where some action is taken or... | |
 | Law reports, digests, etc - 1884 - 1062 pages
...or status, and participate in all dividends and benefits to be derived from the suit. Ibid. § 551. To enable a stockholder in a corporation to sustain...plaintiff, there must exist as the foundation of the suit: (1) Some action or threatened action of the managing board of directors or trustees of the corporation,... | |
 | Law reports, digests, etc - 1913 - 1236 pages
...stockholders, they still fail to rule of law that, before minority stockholders can 'be heard to prosecute a suit founded on a right of action existing in the corporation itself, they must allege that a demand has been made upon the board of directors or other governing body of... | |
 | Law reports, digests, etc - 1892 - 1150 pages
...ultra vires. And on page 4(>0 of the same case the couit says: "We understand the doctrine to be that to enable a stockholder in a corporation to sustain...is the appropriate plaintiff, there must exist, as a foundation of the suit, some action or threatened action of the managing board of directors or trustees... | |
 | Arkansas. Supreme Court - Law reports, digests, etc - 1911 - 710 pages
...relative to corporate property in his own name, the court says : "We understand the doctrine to be that to enable a stockholder in a corporation to sustain...plaintiff, there must exist as the foundation of the suit * * * such a fraudulent transaction completed or contemplated by the acting managers, in connection... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels - Law reports, digests, etc - 1888 - 812 pages
...US 450), MILLEK, J., asserted the doctrine established in the case of Dodge v. Woolsey to be, that, to enable a stockholder in a corporation to sustain...right of action existing in the corporation itself, there must exist as a foundation for the suit, " some action or threatened action of the managing board... | |
 | Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - Railroad law - 1889 - 768 pages
...and interests. The conditions and circumstances under which the individual stockholders is allowed to sustain, in a court of equity, in his own name,...corporation itself, and in which the corporation itself would be the proper complainant, are fully set forth in Hawes v. Oakland, 104 US 450-460, and in the... | |
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