SMITH v. ST. PAUL FIRE & MARINE INS. CO.

No. L-7579.

48 F.Supp. 840 (1943)

SMITH v. ST. PAUL FIRE & MARINE INS. CO.

District Court, E. D. New York.

February 15, 1943.


Attorney(s) appearing for the Case

William Otis Badger, of New York City, for plaintiff.

Bigham, Englar, Jones & Houston, of New York City (John M. Aherne, of New York City, of counsel), for defendant.


BYERS, District Judge.

Seemingly the only issue which arises on this motion to state the accounts of the plaintiff in her individual capacity concerns the item of $5,301.34, being cash in the bank account of the Smith Agency on the day that Mrs. Smith took over the Agency and operated it as an individual enterprise.

There is no doubt that the money was there, and was used in the prosecution of the Agency affairs until the plaintiff relinquished the business...

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