39 Minn. 1 | Minn. | 1888
There are a good many allegations in the complaint that are no ground for a court to afford any relief to plaintiff; that amount indeed to no more than expressions of discontent on the part of a stockholder in a corporation, at being excluded by the majority of the stock from the management of its business, and .at the business being conducted in a manner not approved by him. But
Ordinarily, redress for a wrong to corporate rights or property must be sought in the name of the corporation, and a stockholder cannot sue for the damage to him individually, unless the corporate authorities refuse to act when applied to by him. But that rule cannot apply to a ease like this. Here the wrong-doers are the managers and majority of the stockholders of the corporation. An application by plaintiff to them to'prosecute the wrong would be an application to bring suit against themselves in the name of the corporation. Bo absurd a requirement cannot be imposed on plaintiff as a condition of affording relief for so clear a wrong.
Order affirmed.