Thomas & Barton Co. v. Thomas

Citations

• 165 F. 29
• 91 C.C.A. 67
• 1908 U.S. App. LEXIS 4719

Syllabus

<p>1. Corporations (§ 47*) — Corporate Name — Power to Change.</p> <p>The change of name of a private corporation is not material, and does not require the unanimous consent of the stockholders, but in the absence of fraud is merely a matter of business management.</p> <p>|Kd. Note. — For other cases, see Corporations, Cent. Dig. §§ 134, 135; Dec. Dig. § 47. *J</p> <p>2. Corporations (§ 190*) — Rights op Stockholders — Action by Minority' Stockholder Against Corporation.</p> <p>A bill by a minority stockholder in a trading corporation, not shown to be insolvent, complaining of the management of the majority, in which no ullra vires nor prima facie fraudulent act is specifically alleged, but which contains merely general suggestions and allegations of fraud and conspiracy, and the gravamen of which is that the corporation has changed its name, as was authorized by law, and that a relative who specially represented complainant’s interests has been removed as manager and a director, does not state facts authorizing a court of equity to require the corporation to purchase complainant’s stock.</p> <p>[Ed. Note. — For other cases, see Corporations, Dec. Dig. § 190.*]</p>