Berylwood Investment Co. v. Graham

Two separate appeals are presented from a judgment as modified on defendants’ motion for new trial. The first involves the construction of an agreement as it bears upon the liability of vending stockholders for federal income tax for a period antedating the sale; and the second, assuming such liability, the question whether the act of a national bank in participating in such agreement as testamentary trustee under the will of one of such stockholders, was ultra vires.

The facts of the ease are as follows: Prior to July, 1928, the Italo Petroleum Corporation of America, hereinafter referred to…