Seder v. Gibbs

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 the plaintiff appealed. In our opinion there was error.

The judge made a report of material facts and the evidence is reported. G. L. (Ter.…