Goodwin v. Goodwin

REINHARD, Presiding Judge.

This is a stockholders’ derivative action in which plaintiff stockholders sought from certain directors of the corporation the recovery of money improperly borrowed from the corporation and not repaid. Plaintiffs appeal from the dismissal of their second amended petition for failure to state a claim on which relief could be granted. The petition was dismissed for failure to allege either facts showing that plaintiffs had made demands on the Board of Directors for relief or facts showing that such demands would have been futile.

In reviewing the granting of a motion to…