FAIRBANKS, MORSE & CO. v. CONSOLIDATED F. CO.

Civ. No. 1221.

94 F.Supp. 311 (1950)

FAIRBANKS, MORSE & CO. v. CONSOLIDATED FISHERIES CO.

District Court of the United States D. Delaware.

November 20, 1950.


Attorney(s) appearing for the Case

James R. Morford and Edward W. Cooch, Jr., (of Morford, Bennethum, Marvel & Cooch), of Wilmington, Del., for plaintiff.

S. Samuel Arsht (of Morris, Steel, Nichols & Arsht), of Wilmington, Del., and Leonard J. Schwartz, and J. Victor O'Brien (of Fox, Rothschild, O'Brien & Frankel), of Philadelphia, Pa., for defendant.


Memorandum for Order.

LEAHY, Chief Judge.

The present motion for summary judgment involves plaintiff's first cause of action on 29 promissory notes for $48,140.00 plus interest and counsel fees, out of a total of 36 similar notes all of which have matured. Failure of consideration is the defense. The 36 notes for $59,760.00 were part payment of a diesel engine and generating equipment purchased by defendant under a contract of January 8, 1948. The alleged...

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