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Graham v. Coles

226 A.D. 674 Court N.Y. App. Div. English

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p. 674
James G. Graham, Trustee in Bankruptcy of Maxim Corporation, Appellant, v. Henry Rutgers Remsen Coles and Margaret Davidson Coles, as Executors, etc., of J. Campbell Thompson, Deceased, and as Distributees of His Property, Respondents.

Judgment unanimously affirmed, with costs. While we are of opinion that the finding of the Bankruptcy Court that the shares of stock were issued without substantial value being given therefor was conclusive upon the trial court, we think the judgment should be sustained upon the ground that defendants’ testator was not chargeable with notice thereof. A finding to this effect will be made by this court. Present — Lazansky, P. J., Young, Kapper, Seeger and Carswell, JJ. Settle order on notice.