O. G. Orr & Co. v. Fireman's Fund Insurance

Plaintiff appeals from an order directing that the service of the summons and all other papers be set aside on the ground that the action was brought without authority of plaintiff’s board of directors. The action was begun in August, 1929, and this motion made by defendant in November, 1931. The complaint pleads the incorporation of plaintiff and defendant, and a cause of action for a share of the profits on insurance written prior to 1919 by plaintiff as defendant’s agent, the amount not ascer*2tamable or due until in 1928. The plaintiff went into voluntary dissolution in March, 1919, "under…