Court of Chancery of Delaware, 1933

In re the E. N. Chilson for a Summary Order for Election of Directors of Public Industrials Corp.

In re the E. N. Chilson for a Summary Order for Election of Directors of Public Industrials Corp.
Court of Chancery of Delaware · Decided July 27, 1933
19 Del. Ch. 398; 168 A. 82; 1933 Del. Ch. LEXIS 30

Counsel

John J. Morris, Jr., of the firm of Hering & Morris, and Ernest A. Fintel, (of MacFarland, Taylor & Costello), of New York City, for exceptants., E. Ennalls Berl, of the firm of Ward & Gray, opposed.

In re the E. N. Chilson for a Summary Order for Election of Directors of Public Industrials Corp.

Opinion of the Court

The Chancellor:

For the reasons given by the master in support of his report, the same will be confirmed. It is to be observed that the master reached his conclusion upon the assumption that certain facts are true as alleged by the exceptants, and on that assumption he concluded that as a legal proposition the position of the exceptants is not supportable. I agree with him in that conclusion. The request, therefore, that the exceptants make for an opportunity to produce evidence of facts tending to establish those assumptions, will be denied. If they prove what they desire to prove, the result will not be altered.

A decree may be submitted in accordance with the master’s recommendation.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.