STYLEWISE HOSIERY v. SIMPSON FACTORS


13 Misc.2d 961 (1956)

Stylewise Hosiery Sales, Inc., et al., Plaintiffs, v. Wesley Simpson Factors, Incorporated, et al., Defendants.

Supreme Court, Special Term, New York County.

June 12, 1956.


Attorney(s) appearing for the Case

Whyman & Lazarus (Burton L. Knapp of counsel), for defendants.

Palmer, Masia & Palmer for plaintiffs.


SAUL S. STREIT, J.

Defendants move to dismiss the complaint for insufficiency. It alleges that defendants, knowing that a demand note was fully paid, nevertheless intentionally and maliciously, and with the purpose to injure plaintiffs in their reputation and credit, presented the note for payment, which was refused for insufficient funds. As a result thereof and of the publication of the notice of protest,...

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