STANDARD BREWING CO. v. PEACHEY


202 Misc. 279 (1951)

Standard Brewing Co. Inc., Plaintiff, v. Clarence H. Peachey et al., Defendants.

Supreme Court, Equity Term, Monroe County.

December 4, 1951.


Attorney(s) appearing for the Case

Philip M. Liebschutz for plaintiff.

Harold G. Hutchens for defendants.


ROBERTS, J.

The plaintiff here seeks a declaratory judgment to the effect that the defendants have no right to an appraisal and payment for their stock under the proposed plan of recapitalization of the plaintiff corporation.

The plaintiff corporation has a present capital structure consisting of 5,000 shares of common stock having a par value of $5 per share and 2,500 shares of preferred stock with a...

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