Duncan v. National Tea Co.

PRESIDING JUSTICE ROBSON

delivered the opinion of the court.

This is an appeal from an order denying a petition to intervene in a stockholder’s derivative suit. The question presented is whether or not the petitioners are entitled to intervene as a matter of right under Section 26.1 of the Civil Practice Act. (Ill. Rev. Stat., 1955, chap. 110.)

The record reveals that on February 18, 1952, Adelaide Y. Duncan, a stockholder in the National Tea Company, as trustee of the testamentary trust of her late husband, filed a complaint on behalf of herself and all others similarly situated, asserting the…