COLES v. MASTERPLANNED! INC.


8 A.D.2d 653 (1959)

Raymond H. Coles et al., Respondents, v. Masterplanned! Inc., Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Third Department.

April 23, 1959


The action was brought to foreclose a mortgage executed by Masterplanned! Inc., to the plaintiffs in the sum of $58,400. The answer admits the execution and delivery of the mortgage and asserts two affirmative defenses: (1) lack of the necessary consent of two thirds of the stockholders to the execution of the mortgage; and (2) lack of consideration. The essentials of the undisputed facts will be stated briefly. The three individual plaintiffs were the owners of all the capital...

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