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PORTER v. SABIN

No. 221.

149 U.S. 473 (1893)

13 S.Ct. 1008

37 L.Ed. 815

PORTER, v. SABIN.

Supreme Court of United States.

Decided May 15, 1893.

Attorney(s) appearing for the Case

Mr. J.M. Flower for appellants.

Mr. Cushman K. Davis for appellees.

Mr. Frank B. Kellogg filed a brief for Sabin and O'Gorman, appellees.

Mr. Frank W.M. Cutcheon filed a brief for The Minnesota Thresher Manufacturing Co., appellee.

MR. JUSTICE GRAY, after stating the case, delivered the opinion of the court.

The right to maintain a suit against the officers of a corporation for fraudulent misappropriation of its property is a right of the corporation; and it is only when the corporation will not bring the suit, that it can be brought by one or more stockholders in behalf of all. Hawes v. Oakland, 104 U.S. 450. The suit, when brought by stockholders...

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