In re Gerstle-Rhein S. A.

The petitioner, as the holder of 50 shares of the preferred stock and 150 shares of the common stock of Merry Hull Incorporated, a New York corporation, having filed objection to the consolidation of this corporation with Merry Mites, Inc., an Ohio corporation, seeks an appraisal of its stock pursuant to the Stock Corporation Law. The application is opposed on the ground that the objection was not timely.

The fusion of the two corporations was unquestionably a consolidation under section 91 of the Stock Corporation Law and the petitioner does not argue otherwise. Nor does the petitioner deny…