Auerbach v. Biltmore Theatre Co.

Full title: Walter S. Auerbach et al., Plaintiffs, v. Biltmore Theatre Co. et al.…

Court: Appellate Court of Illinois

Date published: Jul 1, 1941

311 Ill. App. 249 (Ill. App. Ct. 1941)

35 N.E.2d 566

Opinion

Gen. No. 40,929. (Abstract of Decision.)

Opinion filed July 1, 1941

CORPORATIONS, § 625^_ — minority stockholder's suit, sufficiency of evidence. In action by minority stockholders against majority stockholders and managing officers and directors of corporation, wherein it was charged that defendants entered into a conspiracy to exploit corporation and divert its assets for their own benefit, and repeated charges of fraud were made, upon plaintiff's failure to prove her serious charges of fraud, she could not evade payment of costs by contending that her suit inured to benefit of the stockholders, and when plaintiff's counsel conceded that there was no proof of actual wrongdoing, but only incompetence in keeping the books, plaintiff should have voluntarily dismissed the suit.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from Circuit Court of Cook county; Hon. STANLEY H. KLARKOWSKI, presiding.

Affirmed. Heard in second division, first district, this court at October term, 1939.

Schwartz Cooper, for appellant;

Edward A. Cooper and Max C. Liss, of counsel;

Slottow Leviton, for appellees;

Charles Leviton and Harold P. Shane, of counsel.

Opinion by JUSTICE SCANLAN.

"Not to be published in full." Opinion filed July 1, 1941.