JAQUITH & CO. v. ISLAND CREEK COAL CO.


47 N.J. 111 (1966)

219 A.2d 514

JAQUITH & CO., A NEW YORK PARTNERSHIP, ET AL., PLAINTIFFS-RESPONDENTS, v. ISLAND CREEK COAL COMPANY, A DELAWARE CORPORATION, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided May 2, 1966.


Attorney(s) appearing for the Case

Mr. William L. Dill, Jr., argued the cause for appellant (Mr. Bartholomew T. Zanelli, of counsel; Messrs. Stryker, Tams & Dill, attorneys).

Mr. Morris M. Schnitzer argued the cause for respondents (Mr. Waldron Kraemer, on the brief; Messrs. Kasen, Schnitzer & Kasen, attorneys).


The opinion of the court was delivered by WEINTRAUB, C.J.

This action arises out of a corporate merger. Plaintiffs, claiming to have dissented from the merger, brought this action for the appointment of appraisers to fix the value of their shares and for the payment of the sums so to be fixed. The critical question is whether plaintiffs gave written notice of their dissent as required by the statute. On motion for judgment, the trial court held for plaintiffs.

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