SEDER v. GIBBS


333 Mass. 445 (1956)

131 N.E.2d 376

SAMUEL SEDER, trustee in bankruptcy, vs. G. WAYNE GIBBS & another.

Supreme Judicial Court of Massachusetts, Worcester.

January 11, 1956.


Attorney(s) appearing for the Case

Joseph Kruger, (Alan J. Dimond, Sydney Berkman & Samuel Seder with him,) for the plaintiff.

Francis T. Mullin, (Henry C. Donnelly with him,) for the defendants.

Present: QUA, C.J., RONAN, SPALDING, WILLIAMS, & COUNIHAN, JJ.


COUNIHAN, J.

This is a suit in equity by which the plaintiff as trustee in bankruptcy of the Athol Hotel Corporation, hereinafter called the corporation, seeks to establish and recover claims against the defendants, one of whom held certain offices in and both of whom were directors of the bankrupt corporation, for an alleged breach of their fiduciary duties as such officer and directors and as mortgagees, as will hereinafter appear. The judge dismissed the bill and...

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