Leeds and Lippincott Co. v. Nevius

The opinion of the court was delivered by

Jacobs, J.

On March 27, 1957 the plaintiff corporation instituted its class action seeking a determination of the relative rights of its preferred and common stockholders under its amended certificate of incorporation. On September 15, 1958 the Chancery Division entered a declaratory judgment from which preferred stockholders appealed to the Appellate Division. See Leeds and Lippincott Co. v. Nevius, 51 N. J. Super. 343 (Ch. Div. 1958). The plaintiff corporation cross-appealed from the Chancery Division’s allowance of counsel fees and we thereafter…