Legal Opinion

J. B. Kepner Co. v. Hutton

Appellate Division of the Supreme Court of the State of New York

Decided July 13, 1917PublishedCited by 3 opinions

Appeal by the plaintiff, The J. B. Kepner Company, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 30th day of December, 1915, upon the decision of the court after a trial before the court without a jury.

1Opinion of the Court

Scott, J.:

This action is to recover the amount of certain checks upon the banking account of plaintiff paid out to and received by defendants by J. B. Kepner, a former president of plaintiff, in payment of a personal indebtedness under circumstances that, as plaintiff claims, should have warned defendants that said Kepner was unlawfully using the corporation’s funds without authority.

It appears that prior to April 10, 1912, said J. B. Kepner carried on business individually as a cotton converter and as sales agent for certain cotton mills. In 1912 he caused the plaintiff corporation to be…

2Cases cited3 opinions

  1. Ward v. City Trust Co. of New YorkNew York Court of Appeals · 1908
  2. Ferdinand Ehrlich, Inc. v. LevineAppellate Terms of the Supreme Court of New York · 1913
  3. Martindale v. DeKayNew York Supreme Court · 1917

3Cited by3 opinions

  1. B. W. Dyer & Co. v. Monitz, Wallack & ColodneyNew York Supreme Court · 1959
  2. Gaylord v. AndersonNew York Supreme Court · 1925
  3. Heig v. CasparyAppellate Division of the Supreme Court of the State of New York · 1920

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