Legal Opinion

In re Silberkraus

Appellate Division of the Supreme Court of the State of New York

Decided June 22, 1928PublishedCited by 2 opinions

1Opinion of the CourtVan Kirk, P. J.

Three owners of second preferred shares of the Schaffer Stores Company, Inc., petitioned the court for an appraisal of their shares under section 38, subdivision 11 (now subdivision 12), of the Stock Corporation Law on the ground that the preferential rights of their shares have been altered by the provisions of a new certificate of incorporation authorized by a vote of the stockholders. The three petitioners voted against the change in the certificates. The court granted the order. The question is whether the appraisal may be had.

Neither certificate is in the record, but there is no dispute…

2Cases cited5 opinions

  1. Matter of TimmisNew York Court of Appeals · 1910
  2. Hinckley v. Schwarzschild & Sulzberger Co.Appellate Division of the Supreme Court of the State of New York · 1905
  3. Equitable Life Assurance Society of United States v. Union Pacific RailroadNew York Court of Appeals · 1914
  4. Matter of DresserNew York Court of Appeals · 1928
  5. Williams v. RenshawAppellate Division of the Supreme Court of the State of New York · 1927

3Cited by2 opinions

  1. In re O'HaraNew York Supreme Court · 1928
  2. Harvey v. National Drug Co., Pennsylvania Court of Common Pleas, Philadelphia County1937

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