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Garrison v. Pope

Supreme Court, New York County
Aug 16, 1927
130 Misc. 290 (N.Y. Sup. Ct. 1927)

Opinion

August 16, 1927.

Martin C. Ansorge, for the plaintiff.

McManus, Ernst Ernst [ Terence J. McManus of counsel], for the defendants.


This action, brought under sections 90, 91 and 91-a of the General Corporation Law, by plaintiff as trustee in bankruptcy, seeks an accounting from former officers and directors of the bankrupt corporation of sums alleged to have been wrongfully withdrawn from its funds and misappropriated during years antedating the bankruptcy. The complaint, even though most liberally construed, does not set forth that there were any creditors in existence at the time of said alleged wrongful withdrawals, nor that the said withdrawals were for the purpose of defrauding creditors then existing and for whom the plaintiff is now acting, nor that the transactions were in furtherance of a scheme to defraud subsequent creditors. On the authority of Lummis v. Crosby ( 176 A.D. 315) and Lummis v. Crosby (181 id. 884; affd., 224 N.Y. 611) this motion for judgment on the pleadings dismissing the complaint is granted, with leave, however, to serve amended complaint upon payment of costs.


Summaries of

Garrison v. Pope

Supreme Court, New York County
Aug 16, 1927
130 Misc. 290 (N.Y. Sup. Ct. 1927)
Case details for

Garrison v. Pope

Case Details

Full title:LLOYD GARRISON, as Trustee in Bankruptcy of C.H. POPE CO., INC.…

Court:Supreme Court, New York County

Date published: Aug 16, 1927

Citations

130 Misc. 290 (N.Y. Sup. Ct. 1927)
223 N.Y.S. 737

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