Harvey

A general and special demurrer to the fourth amended complaint was sustained without leave to amend, and defendants had judgment that plaintiffs take nothing by the action. The appeal is from the judgment.

In their said amended complaint the plaintiffs allege that they bring the action “on behalf of the said Carisa Chemical Company, and on behalf of themselves and all other stockholders of said Carisa Chemical Company; that the said company had been a corporation ever since the month of August, 1904, with a capital of one million shares of the actual value of one dollar each at the time of issue and that the number of directors is and at all times has been five; that plaintiff Harvey is and ever since a date prior to the commencement of the action has been a bona fide owner and holder of one hundred shares of the stock of said corporation, and plaintiff Benedict is and ever since the month of February, 1906, has been the owner and holder of nineteen hundred shares of the capital stock of said corporation; that defendants F. M. Meigs and A. W. Meigs are and at all times mentioned in the complaint have been copartners under the name of Meigs & Company.” (The original complaint was…