Opinion

Roessler v. Security Savings & Loan Co.

  • 147 Ohio St. 480
  • 147 Ohio St. (N.S.) 480
  • 34 Ohio Op. 389
  • 72 N.E.2d 259
  • 1947 Ohio LEXIS 426
Court
Ohio Supreme Court
Filed
Feb 28, 1947
Status
Published
Author
Turner
On the bench
Sohngen, Turner, Hart, Bell, Weygandt, Matthias, Zimmerman
Cited by
8 cases

The opinion

Turner, J.,

concurring. I concur in the reasons given for the decision in the majority opinion but I place my concurrence in the judgment on the further ground that inasmuch as the appellee corporation was one incorporated prior to the enactment of the General Corporation Act and inasmuch as there was no provision in the articles of incorporation or otherwise to the contrary, a dissenting shareholder is entitled to the intrinsic value of his shares in the absence of an agreement when the majority of the shareholders authorize a consolidation" of the corporation with another corporation. To hold otherwise would be to impair the obligation of contract between the shareholder and the corporation and to deprive the shareholder of due process of law.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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