From Casetext: Smarter Legal Research

Steinberg-Hyman Co., Inc., v. Fanjac Realty

Supreme Court, Appellate Term, First Department
Jul 12, 1934
152 Misc. 268 (N.Y. App. Term 1934)

Opinion

July 12, 1934.

Appeal from the Municipal Court of New York, Borough of Manhattan, Fifth District.

Ralph E. Freidus, for the appellant.

Shapanka Haselkorn [ Isidor Haselkorn of counsel], for the respondent.


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.


Summaries of

Steinberg-Hyman Co., Inc., v. Fanjac Realty

Supreme Court, Appellate Term, First Department
Jul 12, 1934
152 Misc. 268 (N.Y. App. Term 1934)
Case details for

Steinberg-Hyman Co., Inc., v. Fanjac Realty

Case Details

Full title:STEINBERG-HYMAN CO., INC., Appellant, v. FANJAC REALTY CORPORATION…

Court:Supreme Court, Appellate Term, First Department

Date published: Jul 12, 1934

Citations

152 Misc. 268 (N.Y. App. Term 1934)
273 N.Y.S. 464