Cannon v. Union Chemical & Materials Corp.

Seitz, Chancellor:

Plaintiff, a stockholder of Union Chemicals & Materials Corporation (“Union”), a Delaware corporation, commenced this action, partly derivative in nature, against Union and certain non-resident individual defendants. Union was served and appeared.

Two of the defendants, ICitch and Rosenthal (“defendants”) have moved to dismiss the complaint as to them on the ground that they are non-residents of Delaware and no property belonging to them was seized pursuant to a sequestration served on Union on December 31, 1957. Plaintiff contends that the motion is premature.

In the…