Fourdyce v. Bay View Fish Co.

PRESIDING JUSTICE BARRY

delivered the opinion of the court:

Plaintiff, Wesley Fourdyce, appeals from an order of the circuit court of Mercer County granting defendants’ motion for summary judgment. Plaintiff’s complaint was filed on June 11, 1980, and alleged in two counts that he was injured individually and in a derivative capacity as a result of certain fraudulent and ultra vires acts of the defendants. The complaint recites that plaintiff was a holder of 50 shares of stock in Bay View Fish Co., Inc., since 1961; and that on November 15, 1962, without plaintiff’s knowledge or consent, his…