Jaquith & Co. v. Island Creek Coal Co.

The opinion of the court was delivered by

Weintraub, C. J.

This action arises out of a corporate merger. Plaintiffs, claiming to have dissented from the merger, brought this action for the appointment of appraisers to fix the value of their shares and for the payment of the sums so to be fixed. The critical question is whether plaintiffs gave written notice of their dissent as required by the statute. On motion for judgment, the trial court held for plaintiffs. 88 N. J. Super. 244 (Ch. Div. 1965). We certified defendant’s appeal before argument in the Appellate Division.

Management of West…