Ace Tackless Corp. v. Fuhrman

The two defendants comprise two thirds of the board of directors of the plaintiff close corporation and control 60% of its stock. They move pursuant to rule 107 of the Buies of Civil Practice to dismiss the first cause of action upon the ground that Ace Taokless Corporation is named as a party plaintiff without the consent of that corporation.

The action is for a declaratory judgment defining the executive powers and functions of the corporation’s president and for an injunction. The cause under attack was instituted by the president in the name of the corporation. An alternative second cause,…