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IRVING v. UNITED STATES

No. J-288.

44 F.2d 246 (1930)

IRVING v. UNITED STATES.

Court of Claims.

November 3, 1930.

Attorney(s) appearing for the Case

John C. Kramer, of Washington, D. C. (Speer & Woodis, of Washington, D. C., on the brief), for plaintiff.

Charles B. Rugg, Asst. Atty. Gen., and Ralph C. Williamson, of Washington, D. C., for the United States.

Before BOOTH, Chief Justice, and GREEN, LITTLETON, and WILLIAMS, Judges.

LITTLETON, Judge.

The question in this case is whether the dividend of $15,100, representing plaintiff's proportion of an 8 per cent. dividend declared by the Irving Worsted Company on December 30, 1922, was a cash or a stock dividend. We are of opinion upon the facts that it was a stock dividend.

The facts in this case bring it within the principle announced in United States v. Mellon (D. C.) 279 F. 910, affirmed...

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