WEINBERG v. BALTIMORE BRICK COMPANY


108 A.2d 81 (1954)

Harry WEINBERG, on behalf of himself and all other stockholders of Baltimore Brick Company similarly situated, Plaintiff, v. BALTIMORE BRICK COMPANY, a body corporate of the State of Delaware, Louis S. Zimmerman, George C. Warehime, Jr., Jesse Slingluff, Sr., Jesse Slingluff, Jr., William O'Meara, Joseph A. Brown, Hall Hammond, and C. Gordon Pitt, Defendants.

Court of Chancery of Delaware, New Castle.

September 28, 1954.


Attorney(s) appearing for the Case

Thomas M. Keith and Leighton Dorsey, Wilmington, and Raphael Walter and Lawrence I. Weisman, of Nyburg, Goldman & Walter, Baltimore, Md., for plaintiff.

Henry M. Canby, of Richards, Layton & Finger, Wilmington, and William L. Marbury, of Piper & Marbury, Baltimore, Md., for defendants Baltimore Brick Company, George C. Warehime, Jr., Jesse Slingluff, Jr., William O'Meara and Joseph A. Brown.


MARVEL, Vice Chancellor.

Plaintiff, the owner of 4,540 shares of common stock of the defendant corporation out of 6,656 such shares outstanding, brings this derivative action to enjoin the corporate defendant from declaring dividends on its first perferred cumulative stock until an alleged impairment of capital has been corrected. Plaintiff is one of three minority common stock directors, there being six preferred directors. Two other common stockholders have recently...

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