Bell v. Bayly Bros.

SHAW, J. pro tem.

The plaintiffs, as stockholders, each owning one share of preferred stock of Bayly Bros., Inc. of California, a corporation, (hereinafter referred to as “Bayly Bros.”), brought this action to enforce certain alleged rights of that corporation, on allegations that its board of directors, all of whom are among the defendants, refused to act in the matter. Plaintiffs appeal from a judgment adverse to them rendered on a motion for a nonsuit.

The facts presented by the record are many and complicated, but only a part of them are important to a consideration of the point which we…