Stappenbeck v. Fulmer

• Decision Date: 20 November 1928
• Citation: 249 N.Y. 594,164 N.E. 597
• Parties: Arthur M. STAPPENBECK, Respondent, v. John C. FULMER et al., as Executors and Trustees under the Will of Jacob Agne, Deceased, et al., Appellants.
• Court: New York Court of Appeals Court of Appeals

249 N.Y. 594

164 N.E. 597

Arthur M. STAPPENBECK, Respondent,

v.John C. FULMER et al., as Executors and Trustees under the Will of Jacob Agne, Deceased, et al., Appellants.

Court of Appeals of New York.

Nov. 20, 1928.

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department (223 App. Div. 810, 227 N. Y. S. 909), entered March 22, 1928, unanimously affirming a judgment in favor of plaintiff entered upon a report of a referee. The action was brought to set aside an option to sell certain shares of stock owned by the estate of Henry Stappenbeck, deceased, at $300 a share and to have it adjudged that the sale of the stock was upon the basis of forty-six six-hundreths of any and all amounts received by defendants for the stock of the corporation over and above $300 a share and to compel an accounting of the proceeds.

G. E. Pritchard and Arthur J. Foley, both of Utica, for appellants.

S. Sheldon Judson and Chester R. Dewey, both of Utica, for respondent.

PER CURIAM.

Judgment of the Appellate Division and that of the trial court against J. Gray Deecke, individually and as executor of the last will and testament of Henry Stappenbeck reversed, without costs, on the ground that he is not liable in the present action for proceeds of the sale not received by him. Judgment against the other defendants affirmed, with costs.

CARDOZO, C. J., and POUND, CRANE, ANDREWS, LEHMAN, KELLOGG, and O'BRIEN, JJ., concur.