Spencer, J.,
delivered the opinion on the first hearing, and Marr, J., on the rehearing, adhering to the first decree, which affirmed the judgment of the lower court so far as it rejected the claim for oue tweaty-seventh of the 60,000 shares, and reversed it in other respects, and also annulled the obnoxious resolution of the directors, and reserved the plaintiff’s right to sue for his share of the withheld dividend.