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BORG v. INTERNATIONAL SILVER CO.

No. 372.

11 F.2d 147 (1925)

BORG et al. v. INTERNATIONAL SILVER CO.

Circuit Court of Appeals, Second Circuit.

August 4, 1925.

Attorney(s) appearing for the Case

Cook, Nathan & Lehman and Walter C. Noyes, all of New York City, Lindley M. Garrison, of Jersey City, N. J., and Alfred A. Cook and Frederick F. Greenman, both of New York City, for appellants.

Simpson, Thacher & Bartlett, Julius M. Mayer, Graham Sumner, and Percival E. Cowan, all of New York City, for appellee.

Before ROGERS, MANTON, and HAND, Circuit Judges.

HAND, Circuit Judge (after stating the facts as above).

We do not see how it can be thought that the shares in question were in fact retired. The New Jersey statute. (section 27, N. J. Corporation Law [P. L. 1896, p. 277]), prescribed a method by which this could be done, and there was no pretense of following it. As between the state and the defendant, the shares were certainly not retired. Knickerbocker Importation Co. v. State Board of Assessors, 74 N. J. Law,...

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