84 A.2d 815 | Del. Ch. | 1949
One Edith B. Swan has moved for leave to file her claim in the above-captioned appraisal proceeding, although under this court's order the time fixed for filing claims has expired.
The stockholder shows by affidavit that her husband was handling the matter for her and states that he did not realize that the claim had to be filed by October 7, 1949 — the date fixed in the court's order; although he did realize that a claim had to be filed. She first applied for leave on October 11, 1949. This was denied with leave to renew her application seasonably. This is the decision on her second application filed October 17, 1949.
It thus appears that we are confronted with a situation where a stockholder, through her agent's oversight, failed to file her claim on time. Under such circumstances, should she now be granted leave to file her claim?
Counsel have been unable to find any authority on this point, and my research has failed to reveal any cases. I have carefully considered the policy arguments of counsel. The purpose behind the fixation of a date for filing claims was mentioned by Vice-Chancellor Pearson in the case of In re Northeastern WaterCo.,
Leave will therefore be granted Edith B. Swan to file her claim on or before a fixed date. The time within which the corporation must answer will be extended accordingly.
Order on notice.