Corporations – Stockholder’s Suit – Necessity of Demand on Other Stockholders in Derivative Action

In two related cases, a holder of common stock brought a derivative suit against the directors of his corporation claiming their illegal acts had deprived the corporation of assets. On defendants’ motion to dismiss and for summary” judgment, held, judgment for the defendants. Plaintiff’s failure to allege either that he had presented his claim to the stockholders at a stockholders’ meeting or that a majority of the stockholders’ votes were under the control of the directors defeated his action. Carroll v. New York, New Haven & Hartford R.; Glenmore v. Alpert, (D.C. Mass. 1956) 141 F. Supp. 456.