Zivi v. Einstein

Ehrlich, Ch. J.

The action is against the defendants as stockholders in a domestic corporation formed under chapter 611 of the Laws of 1875, as a full liability company.

The complaint alleged the recovery of a judgment against the company in this court, together with the issuing and return of an execution thereon, unsatisfied.

The defendant denied any knowledge or information as to the fact of the judgment and execution, and rested on this form of denial for a defense.

The plaintiff proved the facts disputed by affidavit and by the records themselves, and moved to strike out the answer as sham.…