Brophy v. Cities Service Co.

Harrington, Chancellor:

The question is whether the amended complaint states a cause of action against Thomas , F. Kennedy, one of the defendants. Four causes are alleged, but only one seeks any relief against him. It appears that with the exception of Kennedy, the individual defendants were directors of Cities Service Company throughout the period involved in the action and constituted the controlling majority of the board. The gravamen of the charge against Kennedy is that at all times material he was employed in an “executive capacity” and as “confidential secretary” to the defendant, W.…