Majority
p. 519Benjamin Stolz, as Trustee in Bankruptcy of Glens Falls Jobbing House, Inc., Appellant, v. William I. Ginsburg et al., Respondents. (Argued February 23, 1927; decided March 29, 1927.)
Headnote
Corporations — directors —• pleading — action by trustee in bankruptcy of bankrupt corporation to recover from directors the amount of unpaid notes accepted in payment for stock — sufficiency of complaint.Stolz v. Ginsburg, 217 App. Div. 701 , affirmed.
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered May 11, 1926, which affirmed an order of Special Term granting a motion for a dismissal of the complaint. The action was brought by the trustee in bankruptcy against directors of the bankrupt corpora
p. 520
tiojQ to recover the amount of certain unpaid notes accepted by them in payment for stock of the corporation.
The following question was certified: “ Does the complaint herein state facts sufficient to constitute a cause of action against the defendants? ”
A. Lee Olmsted for appellant.
John H. Barker for respondents.
Order affirmed, with costs; question certified answered in the negative; no opinion.
Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman and O’Brien, JJ. Not sitting: Kellogg, J.