Bishop v. Shaughnessy

. BRENNAN, Chief Judge.

Plaintiff moves for a summary judgment. Defendant moves to dismiss the complaint upon the ground that it fails to set forth a claim upon which relief can; be, granted.

For several years prior to 1942 the plaintiff was the controlling stockholder, president, treasurer and a director of the Globe Forge, Inc., a corporation of Syracuse, New York. The complaint alleges that on April 17, 1942, the plaintiff transferred by way of gift- to his wife 455 shares of 7% .cumulative preferred stock and 93 shares of the same stock to his son. At that time there was ac*64cumulated unpaid…