FONTHEIM v. FRENCH INVESTING CO.


10 Misc.2d 587 (1957)

Kurt Fontheim, Plaintiff, v. Fred E. French Investing Company et al., Defendants.

Supreme Court, Special Term, New York County.

November 22, 1957.


Attorney(s) appearing for the Case

Edward Garfield and Robert H. Wrubel for plaintiff.

Simon H. Rifkind, Paul J. Newlon and William Josephson for Fred F. French Investing Company, Inc., defendant.

Max J. Rubin for Aaron Rubinowitz and others, defendants.


JACOB MARKOWITZ, J.

This is a motion by a preferred stockholder of the corporate defendant (1) for a temporary injunction restraining defendants, the corporation and its directors, from utilizing surplus profits or earnings for certain specified purposes, and (2) for summary judgment, complete or partial, for the difference between dividends at the rate of 7% per annum, on the preferred stock, for the years...

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