Kurlan v. Cohen

Appellate Division of the Supreme Court of New York

Kurlan v. Cohen

247 A.D. 714

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 15, 1936

StatusPublished

This text of 247 A.D. 714 (Kurlan v. Cohen) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kurlan v. Cohen, 247 A.D. 714 (N.Y. Ct. App. 1936).

Pincite

Opinion

In November, 1933, one Irving E. Augenbliek, president of Fantasy Frocks, Inc., drew a check without authority of Fantasy Frocks, Inc., upon the latter’s bank account for $3,000, and as president jointly with Morris M. Goldberg, as treasurer, signed said check and caused it to be indorsed to the order of defendant and delivered to defendant in part payment of Augenbliek’s personal indebtedness to defendant. Thereafter said cheek was paid to defendant out of the funds in the bank account of said corporation. It is alleged that defendant knew the $3,000 were funds of the corporation. Upon learning of said payment, Fantasy Frocks, Inc., disaffirmed payment of the $3,000 and demanded it back, but defendant refused to pay same. Plaintiff brought this action to recover said sum. Judgment on verdict in favor of plaintiff unanimously affirmed, with costs. No opinion. Present — Martin, P. J., Glennon, Untermyer, Dore and Cohn, JJ.

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In November, 1933, one Irving E. Augenbliek, president of Fantasy Frocks, Inc., drew a check without authority of Fantasy Frocks, Inc., upon the latter’s bank account for $3,000, and as president jointly with Morris M. Goldberg, as treasurer, signed said check and caused it to be indorsed to the order of defendant and delivered to defendant in part payment of Augenbliek’s personal indebtedness to defendant. Thereafter said cheek was paid to defendant out of the funds in the bank account of said corporation. It is alleged that defendant knew the $3,000 were funds of the corporation. Upon learning of said payment, Fantasy Frocks, Inc., disaffirmed payment of the $3,000 and demanded it back, but defendant refused to pay same. Plaintiff brought this action to recover said sum. Judgment on verdict in favor of plaintiff unanimously affirmed, with costs. No opinion. Present — Martin, P. J., Glennon, Untermyer, Dore and Cohn, JJ.

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Bluebook (online)

247 A.D. 714, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kurlan-v-cohen-nyappdiv-1936.