Sunseri v. Sunseri

Opinion by

Mr. Justice Linn,

Plaintiff appeals from the refusal to take off a non-suit. He sued for the value of his share of a property dividend alleged to have been declared and set aside by the defendant corporation but of which delivery was refused.

We shall state the circumstances of the dividend as the jury * might have found the facts. On January 3, 1943, the defendant, Pennsylvania Macaroni Co., a Pennsylvania corporation, engaged in the grocery business, had outstanding 15,000 shares of capital stock of which the plaintiff owned 6,666. His brother, the individual defendant, had…