JACOBSON v. FREEDMAN & SLATER


286 A.D. 778 (1955)

Louise Jacobson, as Executrix of Gunther Jacobson, Deceased, et al., Appellants, v. Freedman & Slater, Inc., Respondent, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

December 20, 1955.


Attorney(s) appearing for the Case

Richard J. Stull for appellants.

David I. Silverman of counsel (Jaffa & Silverman, attorneys), for respondent.

Concur — BREITEL, BASTOW and COX, JJ.


COX, J.

On a prior appeal this court held that the complaint sufficiently alleged a trust relationship requiring the corporate defendant to account for the unused portion of the funds entrusted to it for certain specific purposes (275 App. Div. 631). Inasmuch as those allegations were sustained by the evidence adduced on the trial, the Statute of Limitations was eliminated as a bar to the action, at least insofar...

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