Solari, Ltd. v. Fitzgerald

HALL, Judge.

A. M. & J. Solari, Ltd., a Louisiana Corporation, filed this suit on February 8, 1960 against Richard C. Fitzgerald seeking to recover the sum of $9,750.00 allegedly withdrawn by him from the funds of the corporation unlawfully and without authority while he was then acting as an officer of the corporation.

Fitzgerald filed answer in which he admitted receiving weekly payments from the corporation during the period from October 1957 to September 1958 which aggregated the sum claimed, but alleged that the payments were lawfully made to him as consultant fees and that the payments…