S. SOLOMONT & SONS TRUST v. NEW ENGLAND THEATRES


326 Mass. 99 (1950)

93 N.E.2d 241

S. SOLOMONT & SONS TRUST, INC. & others vs. NEW ENGLAND THEATRES OPERATING CORPORATION & others.

Supreme Judicial Court of Massachusetts, Suffolk.

June 7, 1950.


Attorney(s) appearing for the Case

C.B. Cross, (J.F. Groden & C.C. Worth with him,) for the plaintiffs.

A.E. Whittemore, (J.J. Geehern & J.R. Hally with him,) for the defendants New England Theatres Operating Corporation and others.

H. LeB. Sampson, (N. Landstrom with him,) for the defendants Mullin and another.

A.C. Keough of New York, for the defendants Paramount Film Distributing Corporation and another, submitted a brief.

Present: QUA, C.J., LUMMUS, WILKINS, & COUNIHAN, JJ.


WILKINS, J.

The principal question, presented by the sustaining of pleas to the bill of complaint, is whether an independent, disinterested majority of the stockholders, acting reasonably and in good faith, can effectively vote that in their judgment it is not in the best interest of a corporation to assert on its behalf certain claims against its principal executives and others.

The plaintiffs, minority stockholders of the defendant New England Theatres Operating...

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