Harris v. Averick

Plaintiff has instituted this stockholder’s derivative action in her own behalf and in behalf of all other stockholders of defendant United States Hoffman Machinery Corporation similarly situated, and on behalf of Hoffman Machinery. Certain defendants had heretofore moved to dismiss the original complaint on the grounds that plaintiff had no legal capacity to sue and that the allegations of said complaint did not excuse lack of demand upon defendant corporation to bring an action. The court (Creehberg, J.) granted the motion to dismiss, with leave to serve an amended complaint, stating: “ A…