Matter of Marcus (Macy Co.)

The appellant, since May 19, 1943, has been the registered owner of fifty shares of the common stock of the respondent, R. H. Macy & Co., Inc. On September 28, 1945, the respondent gave formal notice to its stockholders, including the appellant, that among other matters to be acted upon at its annual meeting to be held on October 30, 1945, would be a proposal, recommended by its board of directors, that its certificate of incorporation be so amended as to add to the rights of preferred stockholders voting rights, equal share for share, to those to which the holders of the corporation’s common…