Eckert v. Graham

Plaintiff was the assignee of C. F. Colmar and Cyclops Iron Works. Plaintiff’s assignors were creditors of the Vulcan Iron Works, a corporation. This action was brought to recover against the defendants as stockholders of the last-named corporation. The cause was tried by the court sitting without a jury and, from a judgment in favor of defendants, plaintiff appeals.

In 1926, the defendants herein were the owners of practically all of the outstanding stock of the Vulcan Iron Works, a corporation. In September, 1926, plaintiff’s assignor, C. F. Colmar, entered into an agreement with defendants…