SWAN, Circuit Judge.
For an understanding of the problems presented by this appeal it is necessary to state with some detail the preceding steps in this protracted litigation.
In May, 1923, appellant brought suit on a contract against the Morosco Holding Company, a Delaware corporation, in the Supreme Court of Queens County, New York. The defendant appeared, and, the issues having been joined, the case was in June noticed for trial at the term to be held in...
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