Marcuse v. Gullett Gin Co.
Citations
- 52 La. Ann. 1383
Syllabus
<p>Syllabus.</p> <p>1. There Is no necessity for the appointment of a special receiver to institute actions to recover from the officers and directors of a corporation, who hold a majority of its stock, property of the corporation which a stockholder charges them with having illegally diverted and appropriated to themselves, as salaries. The individual shareholder may himself bring such actions by making the corporation and the directors, against whom relief is sought, parties.</p> <p>2. Where a single shareholder charges that the directors of a corporation have, in the past, in bad faith, unjustifiably, and to the prejudice of the small holders, devoted its surplus earnings to the extension of its plant, and its business, instead of declaring dividends, and that they will continue to do so, there is no necessity for the appointment of a special receiver to obtain relief — the individual stockholder has full and adequate remedy through action in his own name.</p>
Judges: Nicholls
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13 cases in this archive cite this case.
- Red Bud Realty Co. v. SouthSupreme Court of Arkansas· 1910-07-11· cited 47×
- Adler v. SeamanEighth Circuit· 1920-05-11· cited 38×
- Mansfield Hardwood Lumber Company v. Hattie A. JohnsonFifth Circuit· 1959-02-20· cited 31×
- Dilzell Engineering & Construction Co. v. LehmannSupreme Court of Louisiana· 1907-03-04· cited 30×
- Kohler v. McClellanFifth Circuit· 1946-07-12· cited 16×
- Kinnebrew v. Louisiana Ice Co.Supreme Court of Louisiana· 1949-11-07· cited 15×
- Russell v. Citizens' Ice Co.Supreme Court of Louisiana· 1907-02-04· cited 12×
- Peiser v. Grand Isle, Inc.Supreme Court of Louisiana· 1952-06-02· cited 12×
- Darmana v. New Orleans Stock Yard, Inc.Supreme Court of Louisiana· 1954-12-13· cited 9×
- West v. Certified Credit CorporationLouisiana Court of Appeal· 1964-03-05· cited 8×
- Farwell v. Milliken & Farwell, Inc.Louisiana Court of Appeal· 1963-01-03· cited 8×
- Coleman v. La Salle Creosoting CompanyLouisiana Court of Appeal· 1961-04-17· cited 6×
- Stendell v. Longshoremen's Protective Union Benev. Ass'nSupreme Court of Louisiana· 1906-05-21· cited 5×
Cites
4 cases in this archive are cited by this case.
- Pollock v. Farmers' Loan & Trust Co.Supreme Court· 1895-04-08· cited 605×
- Scott v. Eagle Fire Co.New York Court of Chancery· 1838-05-28· cited 16×
- Smith v. Prattville Manufacturing Co.Supreme Court of Alabama· 1857-01-15· cited 14×
- State v. Bank of LouisianaSupreme Court of Louisiana· 1834-06-15· cited 7×
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