Irving Trust Co. v. Eisenberg

Plaintiff, as trustee in bankruptcy, seeks in this action to recover from the defendant, a former president of the bankrupt corporation, the sum of $3,525.25, alleged to have been wrongfully received by the defendant in the guise of salary. It is charged that the payments made were not for salary,-but were paid out of capital, the defendant having rendered no services. The answer admitted receipt of the moneys, but denied they were received as salary.

The sum involved was charged against the defendant upon the books of the bankrupt. On direct examination the defendant admitted having received…