Opinion
October 3, 1946.
November 8, 1946.
Era Co., Ltd., v. Pittsburgh Consolidation Coal Co., 355 Pa. 219, followed.
Before MAXEY, C. J., DREW, LINN, STERN, PATTERSON, STEARNE and JONES, JJ.
Appeal, No. 129, March T., 1946, from decree of C. P., Allegheny Co., April T., 1946, No. 2190, in case of Frederick Martin v. Pittsburgh Consolidation Coal Company. Decree affirmed.
Proceeding upon petition by dissenting stockholder for appointment of appraisers to fix fair value of stock. Before PATTERSON, J.
Order entered dismissing petition of plaintiff. Petitioner appealed.
Clyde P. Bailey, with him Dane Critchfield, Daniel J. Parent and Bailey Critchfield, for appellant.
Earl F. Reed, with him James A. Bell and Thorp, Bostwick, Reed Armstrong, for appellee.
Argued October 3, 1946.
This case presents the same question as Era Company, Ltd., v. Pittsburgh Consolidation Coal Co., 355 Pa. 219. Appellant's stock was registered in the name of a stockbroker. As beneficial owner appellant filed a written objection to the proposed corporate merger and a written demand to be paid the fair value of his stock. The registered owner, however, took no part in the objection and demand.
For the same reasons, and under the authorities cited in the Era case, the decree of the court below is affirmed at appellant's cost.