Legal Opinion

Keller v. Wilson & Co.

Court of Chancery of Delaware

Decided May 24, 1935PublishedCited by 13 opinions

1Opinion of the Court

The Chancellor:

The question in this case is one of corporate power. The bill does not attack the fairness of the recapitalization. The sole contention is that the cor*15poration has no lawful power to destroy the preferential right of the Class A stock to its old dividend privilege. That the right to the preference in its future operation may be lawfully altered is not controverted by the complainants’ solicitors. Morris v. American Public Utilities Co., 14 Del. Ch. 136, 122 A. 696, 703, settles that question in favor of the power to effect the change.

The question here is whether the right to…

2Cases cited4 opinions

  1. Morris v. American Public Utilities CompanyCourt of Chancery of Delaware · 1923
  2. Penington v. Commonwealth Hotel Construction Corp.Court of Chancery of Delaware · 1931
  3. Davis v. Louisville Gas & Electric Co.Court of Chancery of Delaware · 1928
  4. Davis v. Louisville Gas Electric Co.Court of Chancery of Delaware · 1928

3Cited by13 opinions

  1. Frank v. Wilson & Co.Supreme Court of Delaware · 1943
  2. Trounstine v. Remington Rand, Inc.Court of Chancery of Delaware · 1937
  3. Hottenstein v. York Ice MacHinery CorporationCourt of Appeals for the Third Circuit · 1943
  4. Bay Newfoundland Co. v. Wilson & Co.Court of Chancery of Delaware · 1939
  5. Frank v. Wilson & Co.Court of Chancery of Delaware · 1939

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