Gittleman v. Doyle

In this stockholders’ derivative action, certain of the defendants move to dismiss the complaint, or portions thereof upon the ground that plaintiffs were not stockholders at the time of the acts of which complaint is made.

The complaint specifically alleges that each plaintiff complains only of acts occurring since he became a stockholder. The plaintiff Gittleman alleges he became a stockholder January 14, 1955. While his record ownership has not been continuous since that date, the answering affidavits show without dispute that he has been the equitable owner of stock either in street names…