Grainger v. Antoyan

These are appeals by (1) plaintiff Kyle Z. Grainger, Jr., as trustee of the estate of Marback Motor Company, a copartnership, bankrupt, and (2) plaintiffs Max H. Gewirtz et al., as executors of the estate of William Gewirtz, deceased, from judgments rendered after trial in favor of defendant. The actions involve a common defendant, common questions of law and fact, and were consolidated for trial.

Both actions were for declaratory relief. The gravamen of the complaint in the main Grainger action and the amended complaint in the Gewirtz action is that on April 9, 1951, defendant became a…