Johnson v. Duensing

PALTON, Judge.

This cause comes to the writer on reassignment after an opinion on the merits failed of adoption. The action is in equity in two counts, both based upon the same factual averments. The cause was instituted in the Circuit Court of Cooper County on November 19, 1956, by plaintiff-respondent Johnson as a minority stockholder in the defendant Missouri River Sand and Gravel Company, a corporation. He characterizes the action as a minority stockholder’s derivative action oil behalf of the Corporation for the purpose of restoring to the Corporation a loss alleged to have been sustained…