Fawkes

The action is one to have declared and determined the rights of C. F. Goodwin, former plaintiff (for whom F. W. Fawkes and Hiram C. Hubbard, as executors of the Estate of. C. F. Goodwin, Deceased, have been substituted), as the owner of ten (10) shares of the preferred capital stock of the defendant corporation, and to recover cumulative dividends thereon, amounting to the sum of $426.33.

The trial court found that the principal purpose for which the defendant corporation was organized, was to buy, sell and deal in real estate; that its articles of incorporation provide that the capital stock of the corporation should consist of 5,000 shares of the par value $100 each, 4,500 shares to be common stock and 500 shares to be preferred stock; that the terms of the preference were set forth in the articles of incorporation, and were indorsed upon the certificate of stock which was issued to said C. F. Goodwin on or about April 2, ■ 1912; that on or about April 2,

i 1915, said C. F. Goodwin received from the corporation, cumulative yearly dividends upon his ten shares of stock for the preceding three years, but has received no other sum on account of dividends; that on the eighth day…