Is there any evidence that supports a Defendant's claim that he became a director of a corporation only because the Defendant insisted that he would not exercise any of the duties of a director?

California, United States of America


The following excerpt is from Bellerue v. Business Files Institute, Inc., 215 Cal.App.2d 383, 30 Cal.Rptr. 232 (Cal. App. 1963):

In fact, the only evidence even remotely tending to contradict findings favorable to such defense was plaintiff's assertion that he became a director of the corporation only because defendants insisted that he do so. 'It is immaterial whether or not he accepted the office of director as an 'accommodation' with the understanding that he would not exercise any of the duties of a director. A person may not in this manner divorce the responsibilities of a director from the statutory duties and powers of that office.' (Minton v. Cavaney, supra, 56 Cal.2d 576, 580, 15 Cal.Rptr. 641, 643, 364 P.2d 473, 475.)

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