
    Dale Carpenter, Appellant, v. Benjamin F. Witbeck, Respondent.
    
      Corporations — officers — fraud-—-action to recover from treasurer of bankrupt corporation, personally, amount paid for note or bond of corporation.
    
    
      Carpenter v. Witbeck, 219 App. Div. 749, affirmed.
    (Submitted October 13, 1927;
    decided October 28, 1927.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 6, 1927, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term without a jury. The action was brought to recover the amount paid by plaintiff for a note or bond of the Robert H. Reid Pulp and Lumber Corporation, since become bankrupt, of which defendant was at one time treasurer. It was sought to hold the defendant personally liable on the theories of fraud, constructive fraud, negligence and a violation of section 61 of the Stock Corporation Law.
    
      J. S. Carter for appellant.
    
      George J, Hatt, 2d, for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman and O’Brien, JJ. Not sitting: Kellogg, J.  