Legal Opinion

Arizona Western Insurance Company v. L. L. Constantin & Co. And S & C Trading Co., Inc., a Corporation (Intervenor)

Court of Appeals for the Third Circuit

Decided September 10, 1957No. 12195_1PublishedCited by 1 opinion

1Opinion of the Court

BIGGS, Chief Judge.

Arizona Western Insurance Company (Arizona) instituted this suit against L. L. Constantin & Co. (Constantin) to recover dividends on 10,000 shares of preferred stock in Constantin held by Arizona and authorized by the December 2, 1952 amendment to Constantin’s certificate of incorporation. 1 This provided in pertinent part that “The holders of the preferred stock shall be entitled to receive, and the Company shall be bound to pay thereon, but only out of the net profits of the Company, a fixed yearly dividend of Fifty Cents (50(5) per share, payable semi-annually.” An…

2Cases cited15 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  3. Fidelity Union Trust Co. v. FieldSupreme Court of the United States · 1941
  4. Brown v. MooreCourt of Appeals for the Third Circuit · 1957
  5. Lydia E. Pinkham Medicine Co. v. GoveMassachusetts Supreme Judicial Court · 1939

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3Cited by1 opinion

  1. Blount v. TaftSupreme Court of North Carolina · 1978

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