Thrasher v. Thrasher

Opinion

DRAPER, P. J.

The principal question here is whether defendant husband (herein called appellant) who dominated the management and directorship of Elk Cove Lumber Co., Inc., can be held liable to the corporation in this shareholders’ derivative action for the timing and manner of repayment by Elk of sums legally owing to Thrasher upon demand notes properly executed by the corporation.

We cannot accept appellant’s contention that, as a matter of law, the propriety of his advances to the corporation renders him immune to liability for the timing, manner and results of his compelling…