Mills v. Withers

COLEMAN, Justice.

This is a stockholder’s derivative action brought by appellee for the benefit of Builders Equity Corporation, a Texas corporation. After a jury trial judgment was entered against appellant in the amount of $1,859.24 as damages plus $2500.00 for attorney’s fees. A motion for new trial was overruled after a remittitur in the sum of $1,150.00 was filed.

Plaintiff’s Second Amended Petition alleged that appellant as an officer, director and/or agent and stockholder of the corporation was the principal co-signer of corporation checks and that he individually or in concert with other…