Buckeye Garage & Sales Co. v. Caldwell

Citations

• 33 Ohio C.C. Dec. 136
• 18 Ohio C.C. (n.s.) 429
• 1910 Ohio Misc. LEXIS 381

Syllabus

<p>CORPORATIONS — EVIDENCE—PLEADINGS</p> <p>1. Right of Stockholder to Intervene and Defend Case for Corporation.</p> <p>A stockholder who alleges that his company has a valid defense to a suit brought against it, but which managing officers wilfully and fraudulently refuse to make, will be allowed to intervene in the suit and defend for the company upon his tender of an answer stating valid matters of defense to the action and the making of a showing by evidence of reasonable grounds to believe that such defense can be finally proved upon a trial of the case, and that the officers whose duty it is to make it are wrongfully and fraudulently refusing to do so.</p> <p>2. Professional Statements by Reputable Attorneys Admissible Regarding Pleadings.</p> <p>Professional statements by reputable attorneys are sufficient evidence of good faith and warrant the granting of leave to become a party to a suit and to file or amend pleadings.</p> <p>. 3. Pleading not Struck from Files because Demurrable.</p> <p>Because a pleading is demurrable is no ground for striking it from the files; the proper practice is to consider the motion as a demurrer, grant it and then give leave to amend, if desired and proper.</p>