WARWICK SPORTSWEAR CO. v. SIMONS


4 Misc.2d 482 (1939)

Warwick Sportswear Co., Appellant, v. William Simons, Respondent.

Supreme Court, Appellate Term, First Department.

May 24, 1939.


Attorney(s) appearing for the Case

Jacobson & Baum for appellant.

Lind, Shlivek, Marks & Brin for respondent.

FRANKENTHALER and NOONAN, JJ., concur; McCOOK, J., dissents.


Per Curiam.

Upon its face the complaint states a cause of action in favor of plaintiff corporation against the defendant for the conversion by defendant of plaintiff's property, and the action should not be dismissed solely on the ground of the lack of any authority from the two-man board of directors (one of whom is the defendant, and the other the corporation's president) to bring suit.

The judgment should...

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