Friedman v. Booth Fisheries Corp.

Pearson, Vice-Chancellor:

As to all of the disputed claims, questions are raised whether the claimants complied with the statutory requirement of making a written objectian to the merger. The corporation received letters purporting to be written on behalf of certain shareholders, but signed by one Edgar J. Bernheimer. The letters state objections to the merger. The only evidence of any authority in Bernheimer to make the objections on behalf of the shareholders was his own representation and assumption to act. Under such circumstances, objections by an agent are insufficient. In re Universal…