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FINKELSTEIN MACH. CO. v. CENT. MACH. CO.

18 Misc.2d 423 (1959)

Finkelstein Sewing Machine Co., Inc., Respondent, v. Century Sewing Machine Co., Inc., Defendant, and Samuel Frey, Appellant.

Supreme Court, Appellate Term, First Department.

May 21, 1959.

Attorney(s) appearing for the Case

Milton J. Levine for appellant.

No one appearing for respondent.

Concur — HOFSTADTER, J. P., HECHT and AURELIO, JJ.

Per Curiam.

The amount due for the work and merchandise upon which plaintiff based its causes of action was admittedly the obligation of the corporate defendant. Even if it is to be assumed that the check given by Samuel Frey, the individual defendant, could apply on the total amount allegedly due from the corporate defendant to the plaintiff, in no event could the individual defendant be held liable for the sum of $137.35, the award made by the court below...

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