Court of Appeals for the Second Circuit April 13, 1925, 288 (Eaton v. English & Mersick Co.)

ROGERS, Circuit Judge

(after stating

the facts as above). This aetion was tried on an agreed statement of facts supplemented by the testimony of two witnesses who between them held the whole' of the stock of the plaintiff corporation, with the exception of a qualifying share held by a third person. These two witnesses were called on behalf of the plaintiff, and their testimony is uneonlradieted.