Merrill v. Davis

VAN OSDOL, C.

-Derivative action by minority stockholders, plaintiffs, in behalf of Davis-Noland-Merrill Grain Company, a Missouri corporation, against the corporation and defendants George H. and E. O. Davis, directors, to have title to realty and personalty in Kansas vested in the corporation, and to cancel certificates of 7538 shares of common stock (issued to “G. H. Davis, President”) and to cause such shares to be returned to the corporation as treasury stock. The trial court found and entered a decree for defendants. Plaintiffs have appealed.

The case presents questions of a stockholder’s…