In re Marcus

This is a proceeding under section 21 of the Stock Corporation Law for the appraisal of fifty shares of common stock of B. H. Macy & Co., Inc., owned by petitioner, who was the sole dissenter from a resolution adopted by the vote of 1,332,408 shares, amending the certificate of incorporation to give voting rights to preferred stockholders. The stockholders ’ meeting at which the ámendment was adopted was held on October 30, 1945, making that the appraisal date. Macy stock sold on the New York Stock Exchange on that date at a low of 43% and high of 43%, which would give petitioner’s 50 shares…