Citizens Trust Co. of Binghamton v. Marselis

The defendants had been copartners in a cigar store at Binghamton, N. Y. The defendant Lewis B. Merselis was indebted as an individual to the Citizens Trust Company of Binghamton; he was also indebted to his partner. In January, 1931, he sold and transferred all his interest in the cigar business to his partner, Fred E. Bennett, for moneys which he then owed BenAett. The Superintendent of Banks took charge of the bank in September, 1931. In October, 1931, Bennett filed a certificate that he was trading under an assumed name; the bank brought an action on its notes and secured judgment and…