Harris v. Averick

This is a stockholder’s derivative action involving United States Hoffman Machinery Corporation. The defendants Brewster and Hoffman Machinery (the subject corporation) move, upon the complaint and a supporting affidavit, ‘ ‘ for an order and judgment, pursuant to rule 107 of the Rules of Civil Practice, dismissing the amended complaint herein upon the ground that plaintiff has no legal capacity to sue and the amended complaint is insufficient in law for lack *1040of allegations therein to excuse plaintiff’s failure to make a demand upon the corporate defendant to bring an action.”

Buie 107 permits…