Stoffer v. Gordon

Appellate Division of the Supreme Court of New York

Stoffer v. Gordon

8 A.D.2d 733, 187 N.Y.S.2d 48, 1959 N.Y. App. Div. LEXIS 8699

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

DecidedMay 11, 1959

StatusPublished

This text of 8 A.D.2d 733 (Stoffer v. Gordon) 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

Stoffer v. Gordon, 8 A.D.2d 733, 187 N.Y.S.2d 48, 1959 N.Y. App. Div. LEXIS 8699 (N.Y. Ct. App. 1959).

Pincite

Opinion

In an action by the receiver of a corporation to recoup from officers and directors of the corporation corporate assets alleged to have been diverted by them to their own use, the appeal is from a judgment entered on the dismissal of the complaint, on the merits, at the close of the plaintiff’s case. Judgment reversed and a new trial granted, with costs to abide the event. Cheeks in large amounts made by respondents on behalf of the corporation were paid over to themselves. The records of the corporation afford no explanation of these payments other than that they were for expenses. The burden is on respondents to go forward by showing that the expenditures were warranted. The exclusion of proof of admissions of respondents was erroneous. Nolan, P. J., Wenzel, Beldock, Murphy and Ughetta, JJ., concur.

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In an action by the receiver of a corporation to recoup from officers and directors of the corporation corporate assets alleged to have been diverted by them to their own use, the appeal is from a judgment entered on the dismissal of the complaint, on the merits, at the close of the plaintiff’s case. Judgment reversed and a new trial granted, with costs to abide the event. Cheeks in large amounts made by respondents on behalf of the corporation were paid over to themselves. The records of the corporation afford no explanation of these payments other than that they were for expenses. The burden is on respondents to go forward by showing that the expenditures were warranted. The exclusion of proof of admissions of respondents was erroneous. Nolan, P. J., Wenzel, Beldock, Murphy and Ughetta, JJ., concur.

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Bluebook (online)

8 A.D.2d 733, 187 N.Y.S.2d 48, 1959 N.Y. App. Div. LEXIS 8699, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stoffer-v-gordon-nyappdiv-1959.