Opinion
February 6, 1958
Appeal from the Municipal Court of the City of New York, Borough of Manhattan, CHARLES S. WHITMAN, JR., J.
Gerard M. Weisberg for appellant.
Abraham Wilk and David H. Schwartz for respondent.
The evidence establishes that the defendant, an officer of the corporation, received payment from the insolvent corporation with knowledge of its insolvency. As such payment was prohibited by section 15 of the Stock Corporation Law, the plaintiff, a creditor of the corporation, could recover against the defendant even though its claim was not reduced to judgment at the time of the wrongful payment.
The judgment should be reversed and a new trial ordered, with $30 costs.
HECHT, J.P., AURELIO and TILZER, JJ., concur.
Judgment reversed, etc.