Meier v. Holmes

The plaintiff brings this action to compel an accounting by the defendant for money and assets of G-esa Co., Inc., that have allegedly come into his hands. Gesa is a domestic corporation, which owned a cafe in the city of New York, and the business was recently sold. The parties to the action are stockholders, officers and directors of the corporation. Though the corporation has not been dissolved, the plaintiff has failed to join it as a defendant in the action. Nevertheless, the plaintiff claims that the cause of action alleged in the complaint is derivative and has been brought pursuant to…