SIMPSON FACTORS v. LIPMAN


16 Misc.2d 745 (1958)

Simpson Factors Corporation, Plaintiff, v. Harold Lipman, Defendant.

Supreme Court, Special Term, New York County.

November 25, 1958.


Attorney(s) appearing for the Case

Martin N. Whyman for plaintiff.

Hirson & Bertini (David G. Haskins of counsel), for defendant.


JACOB MARKOWITZ, J.

Plaintiff sues for the reformation of a note in the sum of $10,000 claiming mutual mistake by reason of which the demand note provides for the payment of interest at the rate of 7.2% per annum instead of 6% per annum as agreed. At the same time the parties engaged in a factoring agreement and the plaintiff received as security 15 shares of stock. Defendant has interposed two defenses and a counterclaim. By motion made pursuant to rule...

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