Steinberg-Hyman Co. v. Fanjac Realty Corp.

Appellate Terms of the Supreme Court of New York

Steinberg-Hyman Co. v. Fanjac Realty Corp.

152 Misc. 268, 273 N.Y.S. 464, 1934 N.Y. Misc. LEXIS 1497

CourtAppellate Terms of the Supreme Court of New York

DecidedJuly 12, 1934

StatusPublished

This text of 152 Misc. 268 (Steinberg-Hyman Co. v. Fanjac Realty Corp.) 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

Steinberg-Hyman Co. v. Fanjac Realty Corp., 152 Misc. 268, 273 N.Y.S. 464, 1934 N.Y. Misc. LEXIS 1497 (N.Y. Ct. App. 1934).

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Opinion

Per Curiam.

Payments made by an agent of a corporation at its direction, even though ultra vires, may not be recovered back by the corporation where no fraud is claimed, where the rights of creditors are not involved and where the corporation is not insolvent.

Judgment reversed, with thirty dollars costs, and judgment directed in favor of the plaintiff as demanded in the complaint, and counterclaim dismissed on the merits.

All concur; present, Callahan, Frankenthaler and Shientag, JJ.

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Per Curiam.

Payments made by an agent of a corporation at its direction, even though ultra vires, may not be recovered back by the corporation where no fraud is claimed, where the rights of creditors are not involved and where the corporation is not insolvent.

Judgment reversed, with thirty dollars costs, and judgment directed in favor of the plaintiff as demanded in the complaint, and counterclaim dismissed on the merits.

All concur; present, Callahan, Frankenthaler and Shientag, JJ.

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Bluebook (online)

152 Misc. 268, 273 N.Y.S. 464, 1934 N.Y. Misc. LEXIS 1497, Counsel Stack Legal Research, https://law.counselstack.com/opinion/steinberg-hyman-co-v-fanjac-realty-corp-nyappterm-1934.