Brewster v. Hatch

Davis, P. J.,

Upon the theory of the plaintiffs we are of opinion that this action was well brought on behalf of themselves and all others alike situated and that it was not necessary that the action should be brought by the corporation itself, nor that it should have first refused an application to bring the same. The corporation is completely controlled by the defendants who are its trustees, and to have requested them to bring the action would have been a needless ceremony.

Where the state of things is already apparent in such a case as the plaintiffs claim this to be it is enough that the *618co…