Berner v. Schlesinger

This is an action to recover the sum of $27,745.56, based upon alleged transfers of moneys in the form of checks issued by a bankrupt to defendant. The complaint pleads, in the alternative, causes of action based upon the theory of (1) moneys loaned, and (2) fraudulent conveyances. The defense is that the checks were given in payment for returned merchandise. This claim is based mainly on defendant’s own testimony on direct examination. On cross-examination, defendant refused to answer relevant questions and to produce relevant books and papers, invoking the privilege against self…