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WALDNER v. EQUITABLE LOAN SOC.

Civil Action No. 407.

60 F.Supp. 372 (1945)

WALDNER v. EQUITABLE LOAN SOC.

District Court, D. Delaware.

May 9, 1945.

Attorney(s) appearing for the Case

John J. Morris, Jr., of Wilmington, Del. (of Hering, Morris, James & Hitchens, of Wilmington, Del.), and J. Channing Ellery, of Philadelphia, Pa., for the receivers.

LEAHY, District Judge.

The sole question is whether the preferred stock is entitled to cumulative dividends. Par. 4 of the charter construed under the rules of Delaware law would make such stock carry the attribute of a cumulative dividend. See Garrett v. Edge Moor Iron Co., 22 Del.Ch. 142, 194 A. 15, affirmed sub nom. Pennsylvania Co. for Insurance on Lives, etc., v. Cox, 23 Del.Ch. 193, 199 A. 671, and cases therein cited. Further than that, the evidence at the...

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