
    Vanderbilt, and others, v. Garrison.
    Certain stockholders in a corporation brought an action to recover from a person, employed by the corporation as its agent, moneys received by him in the course of such agency.
    
      Held, on demurrer to the complaint, that it was bad, for want of an averment, that the corporation, by its officers, had refused to bring an action.
    At Special Term,
    October, 1856.
    The defendant demurred to the complaint specifying as grounds: 1st. That the plaintiffs had not a right to maintain the action. 2d. That the complaint did not state facts sufficient to constitute a cause of action,
    
      F. B. Cutting, for demurrant.
    
      H. F. Clark, and M. Rapallo, contra.
   Bosworth, J.,

sustained the demurrer, on the grounds above stated. (S. C. in 3d Abb. 361.)  