New York Supreme Court November 22, 1957 (Fontheim v. Fred E. French Investing Co.)

Jacob Markowitz, J.

This is a motion by a preferred stockholder of the corporate defendant (1) for a temporary injunction restraining defendants, the corporation and its directors, from utilizing surplus profits or earnings for certain specified purposes, and (2) for summary judgment, complete or partial, for the difference between dividends at the rate of 7% per annum, on the preferred stock,