Wimpfheimer v. Goldsmith

DUFFY, Chancellor:

The determinative issue is whether this action is barred against the estate of a Florida decedent by the Non-Claim Act of that State.

A

This is a derivative suit filed on February 2, 1971 by plaintiff on behalf of Ny-tronics, Inc., a Delaware corporation. In the complaint William H. Mencher, a nonresident stockholder of Eastern Air Devices, Inc., a Delaware corporation, was charged with unjust enrichment in certain transactions with Nytronics. His stock in Eastern Air Devices was sequestered pursuant to an order dated February 12, 1971; he died domiciled in Florida on July 14,…