UNITED STATES v. WITTMEYER

No. 115.

35 F.Supp. 541 (1941)

UNITED STATES v. WITTMEYER et al.

District Court, W. D. New York.

January 22, 1941.


Attorney(s) appearing for the Case

George L. Grobe, U. S. Atty., of Buffalo, N. Y. (Joseph J. Doran, Asst. U. S. Atty., of Buffalo, N. Y., of counsel), for plaintiff.

Alfred M. Kramer, of Buffalo, N. Y., for defendant Albert N. Wittmeyer.


KNIGHT, District Judge.

The plaintiff in this action has moved for a summary judgment. The action is upon a promissory note which became due and payable to the plaintiff upon May 21, 1936. All the questions raised by the pleadings were abandoned upon the argument of this motion except the question raised by the defendant's affirmative defense. During the course of this lawsuit on April 5, 1939, the defendant offered to settle the action for the sum of $100. The defendant...

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