GOLDMAN v. POSTAL TELEGRAPH

Civil Action No. 342.

52 F.Supp. 763 (1943)

GOLDMAN v. POSTAL TELEGRAPH, Inc.

District Court, D. Delaware.

November 23, 1943.


Attorney(s) appearing for the Case

H. Albert Young, of Wilmington, Del., and Seymour M. Heilbron and Gerald Weatherly (of Hays, St. John, Abramson & Schulman), both of New York City, for plaintiff.

C. S. Layton (of Richards, Layton & Finger), of Wilmington, Del., and Eustace Seligman (of Sullivan & Cromwell), of New York City, for defendant.


LEAHY, District Judge.

Diversity and the requisite amount establish jurisdiction.

The occasion has never arisen for the Delaware courts to determine where a certificate of incorporation provides a preference stock is to be paid $60 per share upon liquidation before any distribution is to be made to the common stockholders whether an amendment under Sec. 26 of the Delaware Corporation Law1 which attempts to provide that such preferred...

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