Legal Opinion

Claman v. Robertson

Ohio Supreme Court

Decided July 20, 1955No. Nos. 34162 & 34166Published

1Opinion of the CourtBell, J.

The trial court stated the question involved, as follows: ' Does a minority shareholder have the right on behalf of the corporation and other shareholders to bring a suit on the cause of action alleged without first making a demand on the shareholders?

In light of the above facts, the question may be restated as follows: May a shareholder of a corporation bring a derivative suit on a cause of action which he alleges the corporation has, where it appears that a transaction which the plaintiff seeks to have set aside has expressly been made subject to the approval of and ratification by the…

2Cases cited9 opinions

  1. Hawes v. OaklandSupreme Court of the United States · 1882
  2. Continental Securities Co. v. . BelmontNew York Court of Appeals · 1912
  3. Williams v. McMillanOhio Supreme Court · 1849
  4. S. Solomont & Sons Trust, Inc. v. New England Theatres Operating Corp.Massachusetts Supreme Judicial Court · 1950
  5. Kessler v. Ensley Co.District Court, N.D. Alabama · 1903

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