KRIZANEK v. SMITH

No. 8, November Session, 1951.

87 A.2d 871 (1952)

KRIZANEK et al. v. SMITH.

Supreme Court of Delaware.

April 4, 1952.


Attorney(s) appearing for the Case

William E. Taylor, Jr., of Wilmington, for defendants-below, appellants.

David Snellenberg, II, and John Van Brunt, Jr., of the firm of Killoran & Van Brunt, of Wilmington, for plaintiff-below, appellee.

SOUTHERLAND, C. J., and WOLCOTT and TUNNELL, JJ., sitting.


TUNNELL, Justice.

Although the merits of the action are not now before us, it is, nevertheless, necessary to understand something of the nature of the whole case in order to dispose of the instant appeal.

The Biggs Boiler Works Company is a Delaware corporation. One-half of all its outstanding common stock is owned by plaintiff, the other half by Theofil E. Krizanek, who, in the capacity of a voting trustee, is one of the defendants. On the 6th day of December...

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