GREISS v. SCARBOROUGH ESTATES


14 N.Y.2d 39 (1964)

Louis Greiss, Respondent, v. Scarborough Estates, Inc., Appellant.

Court of Appeals of the State of New York.

Decided February 27, 1964.


Attorney(s) appearing for the Case

Maurice Knapp for appellant.

Bernard R. Selkowe for respondent.

Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE and SCILEPPI concur.


BERGAN, J.

In this action for the recovery of loans made to the corporate defendant, the answer denied the loans and as an affirmative defense alleged that plaintiff invested the amounts sued for as a stockholder; that the defendant was unable to pay past-due obligations and that, therefore, judgment on the claims would be invalid under section 15 of the Stock Corporation Law. In pertinent part this section provides...

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