K.L.C. Inc. v. McLean

This appeal was provoked by the granting of plaintiff’s motion to dismiss for failure to prosecute under Rule 41(b), Utah Rules of Civil Procedure.

Defendant was previously the secretary-treasurer of the plaintiff-corporation. On August 3,1967, he wrote what proved to be a worthless check for $8,000, in payment of corporate funds he allegedly had misappropriated. On September 17,1967, the Board of Directors voted defendant out of office and a complaint was thereafter filed against him to recover the amount of the check.

Defendant retained a law firm in Pocatel-lo, Idaho to represent him which,…