Toothe v. Dozier

The opinion of the court was delivered by

Gummere, Chief-Justice.

The appeal brings before us for review an order refusing a motion to strike out the complainant’s bill. It was filed by Toothe, as a stockholder of the Charles R. Hedden Company, a corporation of this state, in the right of the corporation. The facts upon which the right to relief is based, as they appear in the bill, are that on the 15th of August, 1922, when the board of directors of the corporation consisted of three members, one of whom was the defendant Dozier, a resolution was passed by the board, providing that if at any…