Moskowitz v. Bantrell

Southerland, Chief Justice:

This is a stockholder’s suit to compel the declaration of a dividend. It was heard by the Vice Chancellor upon the pleadings, the defendant corporation’s motion to dismiss, and affidavits. The Vice Chancellor properly treated the motion as in effect one for summary judgment. He dismissed the complaint on the merits. The stockholder appeals.

Filtrol is a major producer of petroleum cracking-catalysts used by petroleum refiners for the production of high-octane gasoline. It also produces other substances used for refining and drying purposes. Its capital structure…