Christoffel v. E. F. Hutton & Co.

HUFSTEDLER, Circuit Judge:

Christoffel, the current guardian of the estate of Styer, an incompetent, brought this action against E. F. Hutton & Company, Inc. (“Hutton”) seeking to hold Hutton vicariously liable for losses sustained by the incompetent’s estate due to Hutton’s former employee, Schwager, who both dissipated and misappropriated assets of the estate during his tenure as guardian. Federal jurisdiction was based on Christoffel’s claim that Hutton was a “controlling person,” within the meaning of section 20(a) of the Securities Exchange Act of 1934 (15 U.S.C. § 78t) and thus liable…