Heig v. Caspary
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Oscar J. Heig, as trustee, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 29th day of May, 1919, dismissing the complaint upon the merits at the close of the case after a trial before the court, a jury having been waived.
1Opinion of the Court
Greenbaum, J.:
Plaintiff sues as trustee in bankruptcy of the corporation known as Joseph Meyer & Co., Inc. The business of Joseph 'Meyer & Co., Inc., was buying, selling and trading in laces and kindred merchandise. The complaint in effect alleges that one Joseph Meyer, the. president and treasurer of the corporation, doing business under the firm name of Joseph Meyer & Co., Inc., was authorized to sign checks against the funds of the corporation for the purpose of its business, and at the times when the checks hereinbefore mentioned were signed, in violation of his trust and duty as trustee…
2Cases cited6 opinions
- Gerard v. . McCormickNew York Court of Appeals · 1891
- Cohnfeld v. . TanenbaumNew York Court of Appeals · 1903
- E. Moch Co. v. Security BankAppellate Division of the Supreme Court of the State of New York · 1917
- Marshall v. de CordovaAppellate Division of the Supreme Court of the State of New York · 1898
- J. B. Kepner Co. v. HuttonAppellate Division of the Supreme Court of the State of New York · 1917
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3Cited by2 opinions
- State Bank v. BacheNew York Supreme Court · 1937
- United States Fidelity and Guaranty Co. v. BarryAppellate Division of the Supreme Court of the State of New York · 1932