MARTIGNETTE v. SAGAMORE MFG. CO.


340 Mass. 136 (1959)

163 N.E.2d 9

CHARLES J. MARTIGNETTE & others vs. SAGAMORE MANUFACTURING COMPANY & others.

Supreme Judicial Court of Massachusetts, Suffolk.

December 17, 1959.


Attorney(s) appearing for the Case

James D. St. Clair, (Earle C. Cooley with him,) for the defendant Sagamore Manufacturing Company.

Edward J. Flavin, (David J. Cohen with him,) for the plaintiffs.

Present: WILKINS, C.J., RONAN, SPALDING, WILLIAMS, & WHITTEMORE, JJ.


WHITTEMORE, J.

The plaintiffs, having voted their 564 shares of the common stock against the proposal, effective August 10, 1956, to consolidate their corporation with two other corporations, made demand upon the consolidated corporation, the defendant (Sagamore), within the statutory thirty day period (G.L.c. 156, § 46E) for payment for their shares. Failing agreement on the value, the plaintiffs and Sagamore each appointed an appraiser as the statute provides...

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