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ELM COATED FABRICS CO. v. POLANS, INC.

8 Misc.2d 293 (1957)

Elm Coated Fabrics Co., Inc., Plaintiff, v. Harry Polans Inc., et al., Defendants.

Supreme Court, Trial Term, New York County.

April 23, 1957.

Attorney(s) appearing for the Case

Francis M. Flynn for plaintiff.

Irving Fellerman for H. & S. Trading Co., defendant.

Jacob Neuthaler for Harry Liederman and another, defendants.

HENRY EPSTEIN, J.

Plaintiff corporation seeks to have a receiver appointed for the proceeds of the sale of fixtures, machinery and other property resulting from foreclosure of a chattel mortgage by defendant H. & S. Trading Co. The mortgage was given to secure payment of $7,700 in promissory notes purchased by defendant H. & S. for $7,000. Proof of the said notes and the payment therefor are undisputed...

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