Breeze v. Lone Pine-Surprise Consolidated Mining Co.

Citations

• 39 Wash. 602
• 81 P. 1050
• 1905 Wash. LEXIS 910

Syllabus

<p>Actions—Real Party in Interest—Vexatious Suit—Equity— Pleadings—Answer in Equity Alleging that Plaintiee Is Not Real Party in Interest — Failure to Reply — Dismissal — Stockholder Purchasing Stock eor Purpose oe Suit. A suit by a stockholder, to set aside a transfer of mining property and appoint a receiver for a corporation on the ground of fraud on the part of the trustees and the illegality of a stockholders’ meeting ratifying the sale, is properly dismissed for want of equity, where allegations of the answer of the defendants stand confessed to the effect that plaintiff is not the real party in interest, but acquired certain stock for the sum of $20, after the stockholders’ meeting complained of, for the purpose of bringing the suit in the interest of antagonistic parties, for whom plaintiff is acting as trustee.</p>