Hopper v. Fesler Sales Co.

Citations

• 11 Del. Ch. 209
• 99 A. 82
• 1916 Del. Ch. LEXIS 16

Syllabus

<p>Where a bill praying appointment of receiver for a corporation stated that the suit was against the corporation, it cannot be deemed a suit against the officers, though mentioning their improper acts.</p> <p>Interrogatories, relating to' immaterial allegations in a bill, while objectionable, do not affect the bill.</p> <p>A bill praying the appointment of a receiver of a corporation on the ground of insolvency alleged mismanagement on the part of the corporate officers in a number of particulars. Interrogatories were attached to the bill, requiring answers by the officer's, and. a large number- of them related to the charge of mismanagement. Only the corporation was served, and the bill stated that the suit was against the corporation. Held, that as no relief against the officers .was sought and as the charges relating to mismanagement would explain the insolvency, the bill should not-be deemed multifarious by reason of the allegations as to mismanagement and the interrogatories relating thereto, for if the interrogatories relate to immaterial allegations, they are objectionable, and do not affect the bill.</p>