
    Jambs B. Murrin, Appellant, v. Archbald Consolidated Coal Company et al., Respondents.
    
      Corporations — stocks and stockholders — fraud—action by pledgee of majority of corporate stock to prevent transfer of assets to another corporation.
    
    
      Murrin v. Archbald Consolidated Coal Co., 215 App. Div. 710, affirmed.
    (Argued January 14, 1927;
    decided February 23, 1927.)
    Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 5, 1926, unanimously affirming a judgment entered upon the report of a referee in an" action brought by the pledgee of a majority of the stock of a corporation to compel retransfer of its assets alleged to have been transferred to a newly-organized corporation in fraud of the plaintiff’s rights. By a supplemental complaint, plaintiff demanded damages. The findings of the referee sustained the plaintiff’s demand for restoration of the corporate property but dismissed his demand for money damages.
    
      William C. Cannon, Theodore Kiendl and Russel S. Coutant for appellant.
    
      David Paine for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Cabdozo, Ch. J., Pound, Andrews, Lehman and Kellogg, JJ. Absent: Crane, J.  