← Cases

Davis v. E. F. B. Holding Corp.

264 A.D. 895 Court N.Y. App. Div. Decision date 1942-06-29 English

Contents

Majority

p. 895
Jacques A. Davis, Respondent, v. E. F. B. Holding Corp. and Irving Rosenwasser, Appellants, and Another, Defendant.

Action to recover on a bond and a collateral bond. Judgment in favor of plaintiff affirmed, with costs. No opinion. Lazansky, P. J., Hagarty, Adel and Taylor, JJ., concur; Close, J., dissents and votes to reverse the judgment, to dismiss the complaint, and to grant judgment to the corporate appellant upon its counterclaim, with the following memorandum: The indisputable inference to be drawn from the facts presented by this record is that the instruments sued on were executed as part of a plan and scheme to compound a felony.