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DOHME v. THE PACIFIC COAST CO.

5 N.J. Super. 477 (1949)

68 A.2d 490

C. LOUIS DOHME ET AL., PLAINTIFFS, v. THE PACIFIC COAST COMPANY ET AL., DEFENDANTS. NATHAN J. SUSSWEIN, PLAINTIFF, v. THE PACIFIC COAST COMPANY, DEFENDANT. KENNETH T. RALPH ET AL., PLAINTIFFS, v. THE PACIFIC COAST COMPANY, DEFENDANT. ROBERT A. KURZ, PLAINTIFF, v. THE PACIFIC COAST COMPANY, DEFENDANT.

Superior Court of New Jersey, Chancery Division.

Decided September 16, 1949.

Attorney(s) appearing for the Case

Mr. Benjamin L. Walters (Mr. Joseph Nemerov, of counsel), attorney for the plaintiffs C. Louis Dohme et al.

Messrs. McGlynn, Weintraub & Stein (Mr. Joseph Weintraub), attorneys for the plaintiff Nathan J. Susswein.

Messrs. O'Mara, Conway & Schumann (Mr. Edward J. O'Mara), attorneys for the plaintiffs Kenneth T. Ralph et al.

Mr. Thomas J. Brogan, attorney for the plaintiff Robert A. Kurz.

Messrs. Stryker, Tams & Horner (Mr. Josiah Stryker), for the defendant Pacific Coast Company.

Messrs. Milton, McNulty & Augelli (Mr. John Milton, Jr.), attorneys for the intervenors-defendants Arthur W. Wittig, Manson F. Backus and Fred M. Roberts.

FREUND, J.S.C.

These four cases involving the dividend rights of stockholders of the Pacific Coast Company were brought to enjoin the company from paying dividends of $4 per share on the second preferred stock and $1 per share on the common stock declared out of the 1947 net earnings. The first preferred stockholders claim that, before payment of any dividends on the second preferred stock or the common stock, they are entitled to be paid dividends which could have...

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