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STOFFER v. GORDON

8 A.D.2d 733 (1959)

David Stoffer, as Receiver of the Property of Aroway Construction Corp., Appellant, v. Kermit Gordon et al., Respondents

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

May 11, 1959

Judgment reversed and a new trial granted, with costs to abide the event.

Checks in large amounts made by respondents on behalf of the corporation were paid over to themselves. The records of the corporation afford no explanation of these payments other than that they were for expenses. The burden is on respondents to go forward by showing that the expenditures were warranted. The exclusion of proof of admissions of respondents...

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