Bulkley v. Big Muddy Iron Co.

The only question raised in this court and not raised in the circuit court, which can be considered by us, is whether the petition in this case states facts sufficient to constitute a cause of action. The suit is brought by a stockholder for an account and recovery of *106tlie value of his stock, alleged to have been rendered worthless by a fraudulent breach of trust on the part of the directors of the Big Muddy Iron Company in which he had stock. It is contended for the appellants, that iriasmuch as it is not alleged in the petition, that the corporation has refused to sue, or that the parties…