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Bessette v. Bessette

Citations

  • 434 N.E.2d 206
  • 385 Mass. 806

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding, in the corporate context, that claims by minority stockholders for payment of excessive salaries must be brought derivatively because the right to recovery of excess funds lies with the corporation
  • holding derivative suit was correct course under the circumstances because minority stockholder showed only a breach of fiduciary duty owed to the corporation and not to him as an individual
  • affirming dismissal of brought by majority stockholder of close corporation on own behalf that should have been brought as derivative action on behalf of corporation
  • affirming dismissal of brought by majority stockholder of close corporation on own behalf that should have been brought as derivative action on behalf of corporation
  • plaintiff shareholder claims belonged to the corporation, and could properly be asserted only through derivative action
  • where the corporation is family owned, an inference can be drawn that there is no ready market for its stock

Source: CourtListener parenthetical corpus (CC0).

Judges: Hennessey, Wilkins, Abrams, Nolan

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.