Casson v. Bosman , 137 N.J. Eq. 532 ( 1946 )

Complainants appeal from a decree dismissing his bill seeking to compel the directors of the respondent corporation to declare a dividend, "in a reasonable amount, in cash," for the year ending December 31st, 1943, and at regular intervals thereafter. We have concluded that the decree should be affirmed for the reasons stated in the opinion of the learned Vice-Chancellor; but we think that, under all the circumstances, appellant should not have been burdened with a counsel fee or the cost of the transcript of the testimony.

The decree is modified accordingly.

For affirmance — CASE, DONGES, WELLS, DILL, FREUND, JJ. 5.

For modification — THE CHIEF-JUSTICE, PARKER, BODINE, HEHER, PERSKIE, COLIE, OLIPHANT, RAFFERTY, McGEEHAN, JJ. 9.