ROTHMAN & SCHNEIDER v. BECKERMAN


2 N.Y.2d 493 (1957)

Rothman & Schneider, Inc., Respondent, v. Sam Beckerman et al., Individually and as Copartners Doing Business under the Name of Beckerman & Lerner, Appellants.

Court of Appeals of the State of New York.

Decided March 8, 1957.


Attorney(s) appearing for the Case

Milton Kail for appellants.

Herbert Cohen for respondent.

CONWAY, Ch. J., DESMOND, DYE, FROESSEL, VAN VOORHIS and BURKE, JJ., concur.


FULD, J.

On this appeal, here by permission of the Appellate Division, we are asked to decide whether, in light of the particular facts and circumstances presented, the secretary-treasurer had authority to institute and prosecute this action on behalf of his corporation.

In 1938, Isidor Rothman and William Schneider organized the plaintiff corporation to manufacture and sell semiprecious stone rings. Each...

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