WOUK v. MERIN


283 A.D. 522 (1954)

Esther Wouk, Respondent, v. Isaac Merin et al., Appellants, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

March 23, 1954.


Attorney(s) appearing for the Case

Gustave J. Rosen for appellants.

Louis Boehm of counsel (Robert L. Boehm on the brief; Louis Boehm, attorney), for respondent.

DORE, COHN and CALLAHAN, JJ., concur in Per Curiam opinion; PECK, P. J., dissents and votes to affirm, in opinion in which BOTEIN, J., concurs.


Per Curiam.

The rights of the preferred stockholders are determined by the precise language of the certificate in question. We think the trial court erred as a matter of law in its construction of the certificate of incorporation as amended. So far as relevant, the amended certificate provides that on dissolution, after payment of debts, the assets and funds of the company are first to be applied to payment of the par...

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