Ashton v. Pittsburgh Consolidated Coal Co.

Patterson, J.,

This case is before us on a dissenting stockholders’ petition that they be allowed costs incurred in the appraisal of stock under the Business Corporation Law of May 5, 1933, P. L. 364, sec. 908 (b), as amended by the Act of March 31,1941, P. L. 13, 15 PS §2852-908, providing:

“The costs of such appraisal, including a reasonable fee to the appraisers, shall be fixed by the court, and shall be borne by the surviving or new corporation unless, in the opinion of the court, the action of any shareholder in refusing the offer of the corporation has been arbitrary, vexatious, or in bad…