Strassburger v. Singer Manufacturing Co.

These two actions are brought (1) by a small stockholder in The Singer Manufacturing Company and (2) by the Ufe beneficiary and a remainderman of a trust which holds a block of the same stock. The complaint demands a declaration of a dividend on the theory that the surplus shown on the balance sheet of the defendant company indicates large investments in securities which are not necessary for corporate purposes and which are, therefore, available for dividends. The complaint does not state what the dividend record of the company has been to date.

The motions herein were made to dismiss the…