BATA v. HILL


143 A.2d 728 (1958)

Thomas J. BATA; Thomas J. Bata and David H. Graham, as Executors of the Estate of Mary T. Bata; and Western Investment and Trading Company, Limited, a Bermuda corporation, Plaintiffs, v. Donald M. HILL, Donald M. Hill, Jr., Donald M. Hill and Donald M. Hill, Jr. as Voting Trustees under Voting Trust Agreement for North River Securities Corporation, a Delaware corporation, dated October 22, 1940; Charles Jucker and Hans Berger, individually, as mandatories in accordance with the law of Switzerland, and as a partnership; North River Securities Corporation, a Delaware corporation; Walter Runge, Louis F. Sperry and Frank A. Seller; Edward N. Goodwin, Nicholas Danforth, A. Turney Savage, Harold J. Faulkner, William F. Clare, Jr., and A. Pennington Whitehead, partners in the practice of law under the firm name of "Goodwin, Danforth, Savage & Whitehead" successor firm to a partnership which practiced law under the firm name of "Campbell, Harding, Goodwin & Danforth"; Edward N. Goodwin and Harold J. Faulkner, as surviving Voting Trustees under a Voting Trust Agreement for Westhold Corporation, a Delaware corporation, dated October 14, 1940; Cagodan Corporation, a New York corporation; Westhold Corporation, a Delaware corporation; New World Investments Limited, a Canadian corporation; Roycan & Co., a Canadian partnership; N. V. Hollandsche Handelmaatschappij Bave, a Dutch Corporation; Per Norgren, as Liquidator of N. V. Hollandsche Handelmaatschappij Bave, a Dutch corporation; N. V. Nederlandsche Schoen-En Lederfabrieken Batabest, a Dutch corporation formerly bearing the name N. V. Schoen-En Lederindustrie Amsterdam; Jan A. Bata; Transoceanique S. A., a Luxembourg corporation; Hans Berger, as Liquidator of Transoceanique S. A., a Luxembourg corporation; and Leader A. G., a Swiss corporation, Defendants.

Court of Chancery of Delaware, New Castle.

June 25, 1958.


Attorney(s) appearing for the Case

Robert H. Richards, Jr., of Richards, Layton & Finger, Wilmington; Inzer B. Wyatt, Robert MacCrate and John W. Dickey of Sullivan & Cromwell, New York City, for plaintiffs.

George T. Coulson of Morris, Nichols, Arsht & Tunnell, Wilmington; Henry Cohen and Daniel M. Sandomire of Cohen & Sandomire, New York City, for defendants, Jan A. Bata and North River Securities Corporation.

Thomas Herlihy, Jr., Wilmington, for defendants, Donald M. Hill and Donald M. Hill, Jr., individually and as voting trustees.

Henry A. Wise, Jr., of Wise & Suddard, Wilmington, for defendant, Westhold Corporation.

William Poole of Berl, Potter & Anderson, Wilmington, for Charles Jucker and Hans Berger, individually, as mandatories in accordance with the law of Switzerland, and as a partnership.

The other defendants have either not been served or not appeared.


SEITZ, Chancellor.

After perhaps the longest trial in the history of our state courts it was determined that certain property in the form of stock certificates were owned by the plaintiffs, Thomas J. Bata and the executors of his mother's estate, and not by the defendant, Jan A. Bata. See Bata v. Hill, Del.Ch., 139 A.2d 159. At the time the judgment was presented for entry, certain defendants sought to have this court insert a provision...

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