BAKER CLOTHES v. MILLER


208 Misc. 472 (1955)

Baker Clothes, Inc., Plaintiff, v. T. Winter Miller, Defendant.

Supreme Court, Special Term, Onondaga County.

September 8, 1955.


Attorney(s) appearing for the Case

Murphy & Young for defendant.

A. S. & S. S. Cohen for plaintiff.


DEL VECCHIO, J.

This is a motion to dismiss the complaint upon the ground that a prior adjudication in Bankruptcy Court conclusively bars the plaintiff from asserting the cause of action pleaded in the complaint.

The complaint alleges that plaintiff delivered to defendant on consignment certain merchandise of the value of $3,115.18; that defendant sold a portion of said merchandise to an invoice value...

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