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Ewell v. Stoddard Realty Co.

225 A.D. 887 Court N.Y. App. Div. English

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p. 887
James G. Ewell, Lois Ewell Henderson, Also Known as Lois Ewell, and Others, Individually and in Behalf and as Representative of Stockholders and Others Similarly Situated Who May Come and Contribute to TMs Action, Appellants, v. Stoddard Realty Co., Inc., and Others, etc., Respondents. Charlie L. Ewell, Individually and Assignee of Alexene Ewell and in Behalf and as Representative of Stockholders and Others, Similarly Situated Who May Come in and Contribute to TMs Action, Plaintiff, v. Stoddard Realty Co., Inc., and Others, Defendants. Richard S. Ewell, a Stockholder in the Right of Stoddard Realty Co., Inc., a Domestic Corporation, and in Behalf of Other Stockholders Who May Join and Contribute to TMs Action, Appellant, v. Annie P. Ewell, Gwynn Ewell and Edward S. Alley, Constituting the Directors and Officers of Stoddard Realty Co., Inc., a Domestic Corporation, Respondents.

The deed, the subject of the action of Ewell v. Stoddard Realty Co., Inc., conveyed no title to the defendants, for, while it purports to be the corporation deed, it is signed and acknowledged by the testator as an individual. In the action of Ewell v. Ewell there was sufficient evidence received to warrant the granting of the relief sought. The judgment as to such actions is, therefore, reversed upon the law and the facts, with costs, and judgment directed for the plaintiffs therein, with costs. Findings of fact numbered 10, 11, 13, 14, 27, 28, 29, 30 and 37, and conclusions of law numbered fourth, fifth and sixth, are reversed, and plaintiffs’ proposed findings of fact numbered 1 to 48, inclusive, and conclusions of law numbered first to fifth, inclusive, are found. Lazansky, P. J., Rich, Young, Kapper and Hagarty, JJ., concur. Settle order on notice.