PERKINS v. DE WITT


197 Misc. 369 (1950)

Idonah S. Perkins, Plaintiff, v. Clyde A. De WITT, Defendant.

Supreme Court, Special Term, New York County.

On Reargument January 10, 1950.


Attorney(s) appearing for the Case

Alexander Pfeiffer and Clarence S. Barasch for plaintiff.

Martin Taylor and Paul Douglas Nulle for defendant.


BOTEIN, J.

Plaintiff has moved to strike four complete defenses and one partial defense upon the ground that it appears on the face of each that they are insufficient in law.

The gravamen of the complaint is that defendant obtained certain certificates for shares of stock in Benguet Consolidated Mining Company (hereafter called Benguet) which belonged to plaintiff, and that he has received stock and cash...

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