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DUNCAN v. NATIONAL TEA CO.

Gen. No. 47,025.

14 Ill. App.2d 280 (1957)

144 N.E.2d 771

Adelaide V. Duncan, v. National Tea Company, et al., Appellees. Kenmore Company, and Barbara A. Novak, Petitioners-Appellants, v. National Tea Company, John F. Cuneo et al., American Processing and Sales Company, Inc., Cuneo Press, Inc., Book Production Industries, Inc., and Garibaldi & Cuneo, Appellees.

Appellate Court of Illinois — First District, First Division.

Rehearing denied October 4, 1957.

Released for publication October 4, 1957.

Attorney(s) appearing for the Case

McConnell, Van Hook & Paschen, of Chicago (Thomas C. McConnell, W. Donald McSweeney, Francis J. McConnell, Edward B. Wagner, of Chicago, of counsel) for petitioners-appellants.

Kirkland, Fleming, Green, Martin & Ellis, of Chicago (Weymouth Kirkland, J.B. Cleaver, Thomas B. Martineau, Robert H. Klugman, of Chicago, of counsel) for Harley V. McNamara and William E. Russell, defendants-appellees; Campbell, Clithero & Fischer, for John F. Cuneo and Raymond P. Fischer; Rothschild, Hart, Stevens & Barry, of Chicago, for American Processing and Sales Company, Cuneo Press, Inc., and Garibaldi & Cuneo (Herman A. Fischer, and John Paul Stevens, of counsel).

PRESIDING JUSTICE ROBSON delivered the opinion of the court.

This is an appeal from an order denying a petition to intervene in a stockholder's derivative suit. The question presented is whether or not the petitioners are entitled to intervene as a matter of right under Section 26.1 of the Civil Practice Act. (Ill. Rev. Stat., 1955, chap. 110.)

The record reveals that on February 18, 1952, Adelaide V. Duncan, a stockholder in the National Tea Company, as trustee...

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