Sprung v. Zalowitz

A trustee in bankruptcy sues on two counts: First, to recover money paid under duress, and, second, to recover a preferential payment.

The first cause of action is insufficiently pleaded in at least three respects: (1) While apparently a series of payments under duress is pleaded, only one threat is alleged. Payments under duress imply some present threat or fear and allegations should be made accordingly. (Dunham v. Griswold, 100 N. Y. 224.) (2) There is nothing to show that in any case the charge was not true and that the money was not due. (Union Exchange Nat. Bank v. Joseph, 231 N. Y. 250;…