Kiendl v. Cochrane
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Mary J. Oochrane, from an interlocutory judgment of the Supreme Court in favor of the plaintiff,' entered in the office of the clerk of the county of New York on the 15th day of June, 1912, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the said defendant’s demurrer to the complaint on the ground that it does not state facts sufficient to constitute a cause of action.
1Opinion of the Court
Miller, J.:
The plaintiff is a trustee in bankruptcy of a corporation, which it is alleged was controlled by defendant Seaman, who was its president and treasurer. The adjudication in bankruptcy was made on December 2, 1911. It is alleged that during the ten years prior thereto, when the corporation was insolvent, the defendant Seaman used the corporation funds to pay interest on mortgages which were a lien upon certain premises, and to pay taxes upon said premises, insurance .premiums and other charges and expenses for its benefit; that in November, 1910, a deed, bearing date April 22, 1899,…
2Cases cited1 opinion
- First National Bank of Ballston Spa v. Board of SupervisorsNew York Court of Appeals · 1887
3Cited by3 opinions
- Agricultural Insurance v. A. Rothblum, Inc.New York Supreme Court · 1933
- Auto Dealers Discount Corp. v. BuddAppellate Division of the Supreme Court of the State of New York · 1934
- Chicago Title Insurance v. EynardCivil Court of the City of New York · 1975