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Gray v. Heinze

160 N.Y.S. 1131 Court N.Y. App. Div. Decision date 1916-07-06 English

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p. 1131
William C. GRAY, as receiver, etc., applt., v. Otto C. HEINZE et al., respts.
(Supreme Court, Appellate Division, Fourth Department.
July 6, 1916.)

Headnote

Judgment affirmed, with costs.

All concur, except Kruse, P. J., "who dissents upon the ground that there was a misappropriation of the funds of the railroad company by the defendants I-Ieinze and Schultze, and that the other defendants knew, or in the exercise of reasonably active discharge of their duties should have had knowledge, of such wrongful use and have prevented the same.