Legal Opinion

Appleton v. American Malting Co.

Supreme Court of New Jersey

Decided March 11, 1903PublishedCited by 23 opinions

On appeal from a decree advised by Yicc-Chancellor Pitney, whose opinion is reported in 18 Dick. Ch. Rep. 422.

1Opinion of the Court

The opinion of the court was delivered by

G-ummbre, Chief-Justice.

The appellants, who are stockholders of the defendant company, filed their bill to compel the directors of the company, who held office as such from the time of the organization of the company, in September, 1897, up to and including the 3rear 1899, to pay back into the treasury of the company certain dividends paid out by them, during the period named, from the capital stock of the company, in violation of the provisions of section 30 of the Corporation act. The bill was filed by the complainants, not in the assertion of any…

2Cases cited2 opinions

  1. Hammock v. Loan & Trust Co.Supreme Court of the United States · 1882
  2. Kinkele v. . WilsonNew York Court of Appeals · 1897

3Cited by23 opinions

  1. Gallup v. CaldwellCourt of Appeals for the Third Circuit · 1941
  2. Dana v. MorganCourt of Appeals for the Second Circuit · 1916
  3. Breslin v. Fries-Breslin Co.Supreme Court of New Jersey · 1904
  4. Bookman v. R.J. Reynolds Tobacco Co.New Jersey Court of Chancery · 1946
  5. Matter of Prudential Ins. Co. Litig.New Jersey Superior Court Appellate Division · 1995

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