Legal Opinion

McNulty v. W.& J.Sloane

New York Supreme Court

Decided March 3, 1945PublishedCited by 13 opinions

1Opinion of the CourtShientag, J.

There are two questions raised on these motions. The first is whether section 36 of the Stock Corporation Law.of the State of New York, as amended by chapter 600 of the Laws of 1943, is constitutional. Did the Legislature have the power to authorize a corporation; by a vote of the holders of two thirds of each class of stock, to amend its certificate of incorporation, to provide for a reclassification of its shares in such a way as to eliminate cumulative preferred dividends which have accrued but which have never been declared? Any stockholder not agreeing to the plan of reclassification is…

2Cases cited33 opinions

  1. People v. . O'BrienNew York Court of Appeals · 1888
  2. Coombes v. GetzSupreme Court of the United States · 1932
  3. Keller v. Wilson Co. Inc.Supreme Court of Delaware · 1936
  4. McQuillen v. National Cash Register Co.Court of Appeals for the Fourth Circuit · 1940
  5. Lord v. Equitable Life Assurance Society of the United StatesNew York Court of Appeals · 1909

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3Cited by13 opinions

  1. Anderson v. International Minerals & Chemical Corp.New York Court of Appeals · 1946
  2. Garzo v. Maid of the Mist Steamboat Co.New York Court of Appeals · 1952
  3. United States v. Village Corporation, Pine Corporation, Chapel Corporation, and River CorporationCourt of Appeals for the Fourth Circuit · 1962
  4. Bove v. Community Hotel Corp. of Newport, RISupreme Court of Rhode Island · 1969
  5. Sherman v. Pepin Pickling Co.Supreme Court of Minnesota · 1950

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