Categories: Court of Appeals Opinions

EWELL v. STODDARD REALTY CO., INC., 251 N.Y. 557 (1929)

JAMES G. EWELL et al., Individually and on Behalf of Other Stockholders, Respondents, v. STODDARD REALTY CO., INC., et al., Appellants. RICHARD S. EWELL, on Behalf of the STODDARD REALTY CO., INC., and Other Stockholders, Respondent, v. ANNIE P. EWELL et al., as Directors and Officers of STODDARD REALTY Co., INC., Appellants.

Court of Appeals of the State of New York.Argued June 12, 1929
Decided July 11, 1929

Appeal from the Supreme Court, Appellate Division, Second Department.

R. Randolph Hicks, Evelyn P. Luquer and Thomas F. Compton
for appellants.

James Madison Blackwell and Arthur G. Syran for respondents.

Page 558

Per Curiam.

Paragraphs numbered six, nine and ten of the judgment are stricken out, and the judgment modified in this particular: the officers of the corporation are not to be enjoined in this action from legally acting as such; neither are they to be enjoined from properly voting the stock which they hold as executrices; neither can they be directed in this proceeding to distribute the assets of the estate to the legatees. The judgment should be modified in accordance with this memorandum and, as modified, affirmed, with costs to the respondents.

CARDOZO, Ch. J., POUND, CRANE, LEHMAN, KELLOGG, O’BRIEN and HUBBS, JJ., concur.

Judgment accordingly.

jdjungle