Miller v. Loft, Inc.

The Chancellor.

One ground of demurrer is that the bill fails to show that any demand was ever made upon the board of directors of Loft, Inc., to institute suit upon any of the causes of action alleged in the bill to exist, and that it does not appear from the bill that such demand would be futile. The rule is well settled in this State that if by reason of hostile interest or guilty participation in the wrongs complained of, the directors cannot be expected to institute suit, or if a suit is instituted it is apparent that the directors would not be the proper persons to conduct it, no demand…