Weinert v. Kinkel

This stockholders’ derivative action against directors of a Delaware corporation was commenced after the corporation had been dissolved for nonpayment of taxes; although temporarily revived during part of the time during which the present action was in progress, the corporation thereafter forfeited its .charter for a second time, and it is not now, and for some time has not been, a body corporate. The evidence clearly establishes defendants’ breach of their duty as directors. The sole question of consequence upon this appeal is whether the dissolved corporation is an indispensable party and…