AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)

NEW YORK CREDIT MEN'S ASSOCIATION, as Trustee in Bankruptcy of BENJAMIN BALISH COMPANY, INC., Appellant, v. CARL I. DINGFELDER et al., Respondents.

Per Curiam.

The corporation paid no money to its president, but, upon his express or implied promise to repay, the corporation made a direct payment upon the obligation of the president incurred by him in the purchase of property which he transferred to the corporation. The corporation was formed to acquire that property and could not carry on its business without it. The evidence sufficiently shows that the corporate payment was made primarily for the benefit of the corporation and with the consent, express or implied, of all the directors and stockholders. We hold that a payment so made does not violate the provisions of section 59 of the Stock Corporation Law (Cons. Laws, ch. 59). We consider no other question.

The judgment should be affirmed, with costs.

LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, CONWAY and DESMOND, JJ., concur; LEWIS, J., dissents.

Judgment affirmed.

Use AI to get other relevant cases.

Comments

NEW YORK CREDIT MEN'S ASSN. v. DINGFELDER
(Mar 5, 1942)