Massachusetts Supreme Judicial Court· 4/15/1982
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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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