Pophan v. Rubin
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action by William S. Pophan, trustee in bankruptcy of.the Dart Cereal Company, against Samuel C. Rubin and another, copartners, composing the firm' of Rubin & Willner. From a judgment on a verdict directed for plaintiff, defendants appeal. Affirmed.
1Opinion of the CourtSeabury, J.
The plaintiff, as trustee in bankruptcy of the Dart Cereal Company, sues the defendants to recover for goods sold and delivered to the latter by the Dart Cereal Company. The Dart Cereal Company was adjudicated a bankrupt oifjune 26, 1911. The defendants are copartners. The defendants admitted the cause of action alleged in the complaint, and by way of set-off alleged that prior to the institution of the bankruptcy proceedings the Dart Cereal Company was indebted to Rubin, one of the defendants, in the sum of $350.
The learned court below directed a verdict for the plaintiff. We think that the…
2Cases cited3 opinions
- Hunter v. BoothAppellate Division of the Supreme Court of the State of New York · 1903
- Thomas v. NoonanAppellate Division of the Supreme Court of the State of New York · 1909
- Blumehthal v. KatzAppellate Terms of the Supreme Court of New York · 1911