BARTLE v. HOME OWNERS COOP.


309 N.Y. 103 (1955)

Newton D. Bartle, as Trustee in Bankruptcy of Westerlea Builders, Inc., Appellant, v. Home Owners Cooperative, Inc., Respondent.

Court of Appeals of the State of New York.

Decided July 8, 1955


Attorney(s) appearing for the Case

Vincent A. O'Neil and Paul J. Shea for appellant.

Richard T. Mosher for respondent.

CONWAY, Ch. J., DESMOND, DYE, FULD and BURKE, JJ., concur with FROESSEL, J.; VAN VOORHIS, J., dissents in an opinion.


FROESSEL, J.

Plaintiff, as trustee in bankruptcy of Westerlea Builders, Inc., has by means of this litigation attempted to hold defendant liable for the contract debts of Westerlea, defendant's wholly owned subsidiary. Defendant, as a co-operative corporation composed mostly of veterans, was organized in July, 1947, for the purpose of providing low-cost housing for its members. Unable to secure a contractor to...

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