No. 381, Docket 27548.United States Court of Appeals, Second Circuit.Argued June 11, 1962.
Decided June 11, 1962.
Plaintiff appeals from a judgment of the District Court for the Northern District of New York, Stephen W. Brennan, Chief Judge, after remand from this Court, Beach v. Rome Trust Company, 2 Cir., 269 F.2d 367, dismissing claim for a determination that plaintiff had become beneficial owner of certain stock, and directing verdict for defendants on claim for breach of trust, fraud, etc.
Robert L. Collins, Red Bank, N.J. (Harold Blodgett, Schenectady, N.Y., on brief), for plaintiff-appellant.
James T. Griffin (O’Shea, Griffin, Jones McLaughlin, Rome, N Y), for defendant-appellee Oneida National Bank Trust Co. of Central New York.
Donald L. Austin, Rome, N.Y. (Johnson D. McMahon, Rome, N.Y.), for defendant-appellee Johnson D. McMahon.
Before FRIENDLY, KAUFMAN and HAYS, Circuit Judges.
PER CURIAM.
We affirm the judgment in open court. The claim with respect to ownership of the stock was properly dismissed for reasons well stated in Judge Brennan’s memorandum-decision of December 18, 1961, 206 F. Supp. 508. Plaintiff failed to adduce evidence sufficient to warrant submission to the jury of her claim for breach of trust, fraud, and conspiracy in the administration of the trust.
Page 827