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WOOD v. NATIONAL CITY BANK

No. 174.

24 F.2d 661 (1928)

WOOD v. NATIONAL CITY BANK et al.

Circuit Court of Appeals, Second Circuit.

March 5, 1928.

Attorney(s) appearing for the Case

Elliott W. Smith, of New York City, for appellant.

Benjamin P. De Witt, of New York City (Edmund H. Cox, of New York City, of counsel), for appellee William West & Co.

Choate, Larocque & Mitchell, of New York City (Clarence V. S. Mitchell, of New York City, of counsel), for appellees Post and Flagg.

Cook, Nathan & Lehman, Curtis, Mallet-Prevost & Colt, William D. Gaillard, and Frederick S. Fisher, all of New York City (Mortimer Brenner, Cornelius C. Webster, and Chester Rohrlich, all of New York City, of counsel), for appellees Kuhrt, Benedict, Drysdale & Co., Moore, Holt, Jones, and Mawhinney.

Before MANTON, L. HAND, and AUGUSTUS N. HAND, Circuit Judges.

L. HAND, Circuit Judge (after stating the facts as above).

It is impossible from the bill to learn just what the plaintiff meant to allege. On the one hand, he may have meant only that, when the dividends were paid, the corporate assets did not equal its debts together with the aggregate amount of its corporate shares, considered as a liability, and that the payments left the assets insufficient to pay the shares in full. On the other hand, he may have meant that...

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