Balling v. Casabianca

The complaint in this derivative stockholders’ action attempts to excuse the failure to make a demand upon the corporation to commence the action with an allegation that the individual defendant, solely charged with wrongdoing, ‘ ‘ is the sole person in control of the said defendant corporation, and has usurped the powers and prerogatives to conduct the business and affairs of said defendant corporation * * * and that it would be futile to make such demand upon the defendant corporation, in that the defendant, Henry Casabianca, exercised control over said corporation, and is chargeable…