265 A.D. 455 | N.Y. App. Div. | 1943
The trial court found that the directors were not guilty of fraud, bad faith or overreaching in negotiating the contracts here attacked. It properly refused to find that they were guilty of negligence in connection therewith. Assuming, without deciding, that the corporate defendants properly may have thrust upon them a fiduciary role, the record discloses that they established that the contracts which they made were fair and just. This conclusion is unavoidable where the evidence
The judgment, in so far as appealed from, should be reversed on the law and the facts, with one bill of costs to appellants-respondents, and the complaint dismissed on the merits, with one bill of costs to appellants-respondents, payable by respondents-appellants.
Findings of fact and conclusions of law inconsistent herewith should be reversed and new findings should be made.
Close,"P. J., Hagabty, Cabswell, Adel and Taylob, JJ., concur.
Judgment, in so far as appealed from, reversed on the law and the facts, with one bill of costs to appellants-respondents, and the complaint dismissed on the merits, with one bill of costs to appellants-respondents, said costs to be paid by respondents-appellants.
Inconsistent findings of fact and conclusions of law are reversed and new findings will be made.
Settle order on notice within ten days from the date of this decision. [See 266 App. Div. 669, amending decision.]