Sucher v. Radiant Briar Pipe Co.

Defendants in a stockholders’ action move to dismiss the complaint under rule 106 of the Rules of Civil Practice, for insufficiency.

The gist of plaintiff’s action is that the individual defendants, in their capacities as corporate officers and majority directors, have conspired to defraud the defendant corporation of its property and to convert such property to themselves. In substantiation plaintiff relies wholly upon the following material facts as set out in the complaint, to wit: the payment to the *429defendant president of a salary in the sum of $3,000 during the year 1960, that the…