Bronson v. Millikin

This is a motion to dismiss the complaint made by the defendants Schwrmmer and Parlin.

The complaint alleges that “ plaintiff has made no demand upon the corporate defendant or its directors to institute this action on behalf of such corporate defendant because all of said directors are nominees of the defendant Millikin and as such are under his domination and control, thus rendering any such demand futile.” Such an allegation does not state facts sufficient to excuse plaintiff’s failure to make a demand upon the directors of the corporation. In O’Connor v. Virginia Passenger & Power Co. (184…