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Treacy v. Melrose Paper Stock Co.

199 N.E. 40, 269 N.Y. 155, 1935 N.Y. LEXIS 799
CourtNew York Court of Appeals
DecidedNovember 19, 1935
StatusPublished
Cited by6 cases

This text of 199 N.E. 40 (Treacy v. Melrose Paper Stock Co.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Treacy v. Melrose Paper Stock Co., 199 N.E. 40, 269 N.Y. 155, 1935 N.Y. LEXIS 799 (N.Y. 1935).

Opinion

Per Curiam.

The facts shown by defendant were sufficient to warrant trial of the issues raised by the counterclaims pleaded in the answer. Judgment was sought by defendant for a sum in excess of its admitted indebtedness to the corporation of which plaintiff is receiver. Thus the effect of section 176 of the General Corporation Law (Cons. Laws, ch. 23) was a question not presented. On this record plaintiff was not entitled to any summary judgment.

The judgment of the Appellate Division and that of the Special Term should be reversed and the motion denied, with costs in all courts to the defendant-appellant.

Crane, Ch. J., Lehman, O’Brien, Hubbs and Lough-ran, JJ., concur; Crouch and Finch, JJ., not sitting.

Judgments reversed, etc.

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Bluebook (online)
199 N.E. 40, 269 N.Y. 155, 1935 N.Y. LEXIS 799, Counsel Stack Legal Research, https://law.counselstack.com/opinion/treacy-v-melrose-paper-stock-co-ny-1935.