Haworth v. Hubbard

Dissenting Opinion. .

Shake, J.

I heartily agree with that part of the majority opinion wherein it is held that ordinarily the words “any time” import time without end. I cannot agree with the conclusion that as a matter of law, as distinguished from one of fact, the words “any time” as used in the ‘contract before us mean in perpetuity unless limited by the life of the corporation, the preferred stock of which was the subject of the transaction. In the light of the modern decisions it is hardly proper to say that the words used in a contract will be given their generally accepted definition…