Cintas v. American Car Foundry Co.

The bill of complaint in this case is a class bill filed by the complainant who owns 2,500 shares of seven per cent. non-cumulative preferred stock and 300 shares of common stock of the defendant corporation. The purpose of the bill is to protect complainant's rights as a preferred stockholder.

The matter first came before me on application for an adinterim restraint to prevent the payment of a dividend to the common stockholders which payment, it is claimed, would violate the rights of the preferred stockholders. Since hearing the motion, counsel have stipulated that I decide the whole case…