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Crossley v. Briscoe

Decided: January 22, 1937.

RENA PEDDIE CROSSLEY AND C. VICTORIA PEDDIE, PLAINTIFFS-APPELLANTS,
v.
FRANK BRISCOE, DAVID CRONHEIM, ALBERT S. CRONHEIM AND 45 BRANFORD PLACE CORPORATION, DEFENDANTS-RESPONDENTS



On appeal from the Essex Circuit Court.

For the defendants-respondents, Levy, Fenster & McCloskey (Saul Tischler).

For the plaintiffs-appellants, Frank Benjamin.

Wolfskeil

The opinion of the court was delivered by

WOLFSKEIL. J. This is an appeal from a judgment of nonsuit in favor of the individual defendants following an order striking out the complaint. The suit as against the corporation was discontinued.

The complainant recites that a lease was made by the corporation and certain rental reserved, part of which was in default. It then alleges that the three individuals who are directors and officers of the corporation, violated the terms of an agreement, a copy of which (Exhibit "A") is attached to the complaint, and diverted certain moneys in bad faith,

thereby becoming individually liable for the default of the corporation lessee.

The agreement consists of a letter written by plaintiffs to the corporation to which is appended the following matter and signatures:

"45 Branford Place Corporation does hereby consent to the foregoing arrangement and we, the undersigned, the executive officers of the corporation do hereby agree to carry out the terms of the said agreement in all particulars."

This paragraph is signed:

"45 BRANFORD PLACE ...


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