Diamond v. Dougfield, Inc.

This is a motion for an order, pursuant to rule 106 of the Buies of Civil Practice, dismissing the complaint on the ground that it appears on the face thereof that it does not state facts sufficient to constitute a cause of action.

The action is brought by the plaintiff “ suing for Himself as Stockholder, and All Other Stockholders of Dougfield, Inc., in like situation who shall choose to make themselves parties to this action.” Thus, this is a representative action brought by the plaintiff as a stockholder for the benefit of the defendant corporation.

The complaint alleges that Samuel Fields,…