LUCKETT v. COHEN


169 F.Supp. 808 (1956)

H. Boyce LUCKETT, Plaintiff, v. Manuel COHEN, Defendant.

United States District Court S. D. New York.

October 10, 1956.


Attorney(s) appearing for the Case

Kalman I. Nulman, New York City, for plaintiff.

Schwartz, Nathanson & Cohen, New York City, for defendant George H. Schwartz and Paul E. Gelbard, New York City, of counsel.


RYAN, District Judge.

Plaintiff suing as assignee on a promissory note made by defendant moves to dismiss the first and second counterclaims pleaded in the answer on the ground that they are insufficient in law.

Jurisdiction is predicated on diversity; the sufficiency of the claims is to be tested by New York law. The note sued upon is alleged to have been executed and delivered in Mexico. There has been no arrest of the person of defendant or seizure or similar...

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