Howze v. Harrison
Supreme Court of Alabama
Bill by (Stockholders Against Officers of a Corporation for Misconduct. Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by L. H. Harrison against C. A. Howze and others. From a decree overruling demurrers to the bill, respondents appeal.
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Bill by (Stockholders Against Officers of a Corporation for Misconduct. Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by L. H. Harrison against C. A. Howze and others. From a decree overruling demurrers to the bill, respondents appeal. The averments made by the bill are that'the respondents are officers of the grand lodge of the order, and their names and titles are given, that complainant is a member of one of the lodges under the .jurisdiction of the grand lodge, that the last grand lodge adjourned without electing officers, and that the grand lodge officers…
1Opinion of the CourtAnderson, J.
— “Ordinarily, and it is a well-established rule, a corporation should bring its own suit against its officers for misconduct or negligence in the management of its business affairs, or for the recovery of its funds wrongfully converted or misapplied, or for its property illegally conveyed or delivered to a stranger. The rule also seems to be well established by former decisions of this court that, before the individual stockholder can bring suit in his own name for the wrongful conversion of corporate funds or misappropriation of the corporate assets by its officers, he must first make a…
2Cases cited11 opinions
- Hawes v. OaklandSupreme Court of the United States · 1882
- Dodge v. WoolseySupreme Court of the United States · 1856
- Brewer v. Proprietors of the Boston TheatreMassachusetts Supreme Judicial Court · 1870
- Montgomery Light Co. v. LaheySupreme Court of Alabama · 1898
- Crumlish's Adm'r v. Shen. Val. RailroadWest Virginia Supreme Court · 1886
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Grand Lodge, K. P. v. ShorterSupreme Court of Alabama · 1929
- Strother v. McCordSupreme Court of Alabama · 1931
- Henry v. IdeSupreme Court of Alabama · 1923
- Walsh v. State ex rel. CookSupreme Court of Alabama · 1917
- AMERICAN LIFE INSURANCE COMPANY v. PowellSupreme Court of Alabama · 1954
14 more not listed; retrieve them via the Exa API.