Potter v. Walker

This is a motion under rule 107 of the Rules of Civil Practice to dismiss the first, fourth and seventh causes of action alleged in the amended complaint on the ground that they did not accrue within six years before the commencement of suit.

The action is one by a stockholder of Pan American Petroleum and Transport Company (hereinafter called the “ company ”) against directors of the company and others to compel an accounting. The motion is made by the director defendants only.

The first cause of action alleges a conspiracy whereby a plan was devised and carried out to get control of the…