Atomatic, Inc. v. Berkun

JUDGE KILEY

delivered the opinion of the court. This is an action for conversion of funds and for injury to the property of the plaintiff. The trial court upon a stipulation of facts overruled defendant’s discharge in bankruptcy as an affirmative defense and entered judgment in favor of plaintiff for $1,000. Defendant has appealed from the judgment.

Defendant, as the general contractor for construction of a building for Albert Dobrin, engaged plaintiff as a subcontractor to install a heating system in the building. The subcontract price was $1,600. On February 19,1953, plaintiff became entitled…