Potoker v. Klein

The opinion of the court was delivered by

Katzenbach, J.

This action was instituted by Benjamin Potoker, assignee of Harry Landskroner, an insolvent debtor, to recover moneys given by Landskroner to the defendant in August, 1923, without consideration. The complaint alleges that on or about August 4th, 1923, Landskroner gave to Klein, the defendant, $4,700, which sum was had and received by the defendant for the use and benefit of Lands-kroner, “and said Wigdor Klein (the defendant) has not returned any part of said sum of $4,700, or any interest which has accrued thereon.” The answer filed by…