Weekly Notes of Cases Argued And Determined in the Supreme Court ..., volume 3

Cover Weekly Notes of Cases Argued And Determined in the Supreme Court ..., volume 3
Weekly Notes of Cases Argued And Determined in the Supreme Court ..., volume 3
Pennsylvania. Supreme Court, United States Circuit Court (3rd Circuit), United States District Court (Pennsylvania : Eastern District)
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It is often a wise exercise of discre- tion for a corporation to strengthen itself in this way, and with such discretion a stockholder can- Dot interfere. His only remedy is by an appeal to the ballot at the election for directors. But where a corporation, having actually made pro- fits, proceeds to distribute such profits among the stockholders, the tenant for life would be entitled to receive them, and this without regard to the form of the transaction. Equity, which disre- gards form and gra...sps the substance, would award the thing distributed, whether stock or money, to whomsoever was entitled to the profits.
This is all that was done in Earp's Appeal. The profits had accumulated until they reached nearly three-quarters of a million. A considerable por- tion of this surplus was distributed to the stock- holders in the shape of new stock. It was con- fessedly profits. It was judicially ascertained to be profits after a careful examination and report by the Master.^ The corporation recognized the transaction as a distribution of profits.


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