Kresel v. Goldberg

The plaintiff is suing by virtue of an assignment, under date of September 19th, 1928, of a claimed cause of action of The Capitol Furriers, Incorporated, against the defendant. The defendant filed a special defense in which he alleged that the corporation was organized under the laws of this State and had three stockholders, one of whom, Bennie Vogel, owned more than a majority of all its outstanding stock; that Vogel filed a voluntary petition in bankruptcy, was duly adjudged a bankrupt on or about April 8th, 1928, and had not received his discharge when the assignment was made; that he…