Hirsch v. Phily

The defendants, Phily, Scialla and White, were officers of Artex Dyeing Finishing Co., a corporation which is now insolvent. Plaintiff charges that the defendants converted to their own use or to the use of Artex, funds of the plaintiff amounting to $12,520.03 and he seeks a judgment against them in that amount. Originally plaintiff sought to have a trust impressed upon the assets of Supertex Dyeing Finishing Co., in the sum of $12,520.03. This latter claim was abandoned at the pretrial conference and the complaint was dismissed as to the Supertex Company.

From the testimony it appears that…