Ellis v. Cohen

Appellate Terms of the Supreme Court of New York

Ellis v. Cohen

175 Misc. 349, 24 N.Y.S.2d 24, 1940 N.Y. Misc. LEXIS 2420

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 7, 1940

StatusPublished

This text of 175 Misc. 349 (Ellis v. Cohen) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ellis v. Cohen, 175 Misc. 349, 24 N.Y.S.2d 24, 1940 N.Y. Misc. LEXIS 2420 (N.Y. Ct. App. 1940).

Pincite

Opinion

Per Curiam.

A body execution may not be issued to enforce a judgment obtained pursuant to section 15 of the Stock Corporation Law where the misapplication of the funds of the corporation was not accompanied by actual as distinguished from constructive fraud. (Hearn 45th St. Corp. v. Jano, 283 N. Y. 139, 143; Mann v. Chrestopules, 87 App. Div. 222.)

Order affirmed, with ten dollars costs and disbursements.

All concur. Present — McCook, Shientag and Noonan, JJ.

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Per Curiam.

A body execution may not be issued to enforce a judgment obtained pursuant to section 15 of the Stock Corporation Law where the misapplication of the funds of the corporation was not accompanied by actual as distinguished from constructive fraud. (Hearn 45th St. Corp. v. Jano, 283 N. Y. 139, 143; Mann v. Chrestopules, 87 App. Div. 222.)

Order affirmed, with ten dollars costs and disbursements.

All concur. Present — McCook, Shientag and Noonan, JJ.

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Bluebook (online)

175 Misc. 349, 24 N.Y.S.2d 24, 1940 N.Y. Misc. LEXIS 2420, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ellis-v-cohen-nyappterm-1940.

Opinion

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