· 7/15/1952
Funk v. Spalding
Citations
- 246 P.2d 184
- 74 Ariz. 219
- 1952 Ariz. LEXIS 191
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding \Spalding's enforced absence from the business while engaged in the service of his country placed upon Funk as manager of the corporation the duty to protect Spalding's interest\
- if corporation is an ongoing concern at time of suit, shareholder can maintain action to recover corporate profits only in a representative capacity in a derivative suit
- “One of the primary purposes of bringing the action in the corporate name is to prevent a multiplicity of actions.”
- noting plaintiff sued directly not derivatively
Source: CourtListener parenthetical corpus (CC0).
Judges: Phelps, Udall, Stanford, De Concini Prade
Read full opinion on CourtListenerSourced 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.