Powell v. A. & M. Robbins, Inc.

Headnote

Powell v. Robbins, Inc., 164 App. Div. 948 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered October 26, 1914, affirming a judgment in favor

of plaintiff entered upon a verdict directed by the court in an action to recover on a promissory note. The answer denied that the note was made by officers of the defendant duly authorized thereto, and that no part of the same had been paid, pleaded payment of the said note by means of moneys of the defendant paid by the plaintiff as president of the defendant to himself in the year 1909, and aggregating in all $8,526, counterclaimed the said sum of $8,526 as moneys for which the plaintiff was indebted to the defendant corporation by reason of the fact that the plaintiff, while acting as president of defendant, received certain moneys belonging to the defendant, aggregating in all $8,526; that in violation of his contract of employment plaintiff has failed to account for said moneys. The reply of the plaintiff to defendant’s counterclaim claimed that the moneys received by him were used to cover expenses incidental to the performance of his duties as an officer and employee of the defendant, and denied that plaintiff retained the moneys or refused to account for ,the same to the defendant.