Legal Opinion

Treacy v. Melrose Paper Stock Co.

New York Court of Appeals

Decided November 19, 1935PublishedCited by 6 opinions

1Per curiam

The facts shown by defendant were sufficient to warrant trial of the issues raised by the counterclaims pleaded in the answer. Judgment was sought by defendant for a sum in excess of its admitted indebtedness to the corporation of which plaintiff is receiver. Thus the effect of section 176 of the General Corporation Law (Cons. Laws, ch. 23) was a question not presented. On this record plaintiff was not entitled to any summary judgment.

The judgment of the Appellate Division and that of the Special Term should be reversed and the motion denied, with costs in all courts to the…

2Cited by6 opinions

  1. Illinois McGraw Electric Co. v. John J. Walters, Inc.New York Court of Appeals · 1959
  2. Torre v. ZuzaNew York Supreme Court · 1961
  3. Fort William Henry Corp. v. Lake George Inn, Inc.Appellate Division of the Supreme Court of the State of New York · 1967
  4. Hunting Supply Corp. v. FebreyAppellate Division of the Supreme Court of the State of New York · 1964
  5. Romick's International, Inc. v. Interstate Cigar Co.Nassau County District Court · 1966

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