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STIER v. SCHREIBER

3 N.J. Super. 450 (1949)

66 A.2d 463

MANUEL STIER, PLAINTIFF, v. LEO M. SCHREIBER, DEFENDANT.

Superior Court of New Jersey, Essex County Court.

Decided May 4, 1949.

Attorney(s) appearing for the Case

Mr. Bernard Shurkin, attorney for the plaintiff.

Mr. Benjamin Arons, attorney for the defendant.

HARTSHORNE, J.C.C.

Plaintiff sues defendant on a series of promissory notes. Defendant answers and counterclaims, asking equitable relief, and accordingly moves that the cause be transferred to the Superior Court, Chancery Division.

The alleged equitable defenses raised, and the bases of the counterclaim itself, are largely fraud and failure of consideration. These are equally available at law. Moreover, while...

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