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SCHENLEY INDUSTRIES, INC. v. CURTIS

No. 161959.

152 A.2d 300 (1959)

SCHENLEY INDUSTRIES, INC., a corporation of the State of Delaware, Defendant Below, Appellant, v. Caryl M. CURTIS, a Petitioner in Consolidated Action No. 1042 Below, Appellee.

Supreme Court of Delaware.

June 23, 1959.

Attorney(s) appearing for the Case

Aaron Finger, of Richards, Layton & Finger, Wilmington, for defendant below, appellant.

Caryl M. Curtis, pro se, appellee.

Before SOUTHERLAND, C. J., and WOLCOTT and BRAMHALL, JJ.

BRAMHALL, Justice.

This appeal relates to the timeliness of a written demand for payment of his stock by a stockholder dissenting from a merger of two corporations. The demand was deposited in the mail on the last day of the period within which such demand must be made, but it was not received until the day following.

The pertinent facts are as follows:

Park & Tilford Distillers Corporation was merged into Schenley Industries, Inc., both corporations...

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