Davis v. E. F. B. Holding Corp.

Appellate Division of the Supreme Court of New York

Davis v. E. F. B. Holding Corp.

264 A.D. 895, 35 N.Y.S.2d 860, 1942 N.Y. App. Div. LEXIS 5287

Appellate Division of the Supreme Court of the State of New York·Decided June 29, 1942·Published

Opinion

Action to recover on a bond and a collateral bond. Judgment in favor of plaintiff affirmed, with costs. No opinion. Lazansky, P. J., Hagarty, Adel and Taylor, JJ., concur; Close, J., dissents and votes to reverse the judgment, to dismiss the complaint, and to grant judgment to the corporate appellant upon its counterclaim, with the following memorandum: The indisputable inference to be drawn from the facts presented by this record is that the instruments sued on were executed as part of a plan and scheme to compound a felony.

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Action to recover on a bond and a collateral bond. Judgment in favor of plaintiff affirmed, with costs. No opinion. Lazansky, P. J., Hagarty, Adel and Taylor, JJ., concur; Close, J., dissents and votes to reverse the judgment, to dismiss the complaint, and to grant judgment to the corporate appellant upon its counterclaim, with the following memorandum: The indisputable inference to be drawn from the facts presented by this record is that the instruments sued on were executed as part of a plan and scheme to compound a felony.

Davis v. E. F. B. Holding Corp., 264 A.D. 895, 35 N.Y.S.2d 860, 1942 N.Y. App. Div. LEXIS 5287 (N.Y. Ct. App. 1942).

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