Washburn v. Sardi's Restaurants

Beasley, Judge.

Sardi’s Restaurants, a New York corporation, sued to recover $2,446.25 plus interest and penalties which Washburn was alleged to have converted to his personal use while employed as Sardi’s agent and manager of two subsidiary corporations located in this state. The complaint was amended and, following discovery and a nonjury trial, the court awarded Sardi’s $45,499.89, including damages, interest, and attorney fees and litigation expenses. Washburn appealed from this judgment and two post-trial orders.

1. The answer raised the affirmative defense that Sardi’s had failed to join…