MTR. OF MITCHELL & CO. v. ALLMAN


17 Misc.2d 907 (1959)

In the Matter of L. Mitchell & Co., Inc., Petitioner, v. Russell Allman et al., Copartners Doing Business under the Name of Saylor-Beall Manufacturing Company, Respondents.

Supreme Court, Special Term, Kings County.

April 2, 1959.


Attorney(s) appearing for the Case

Fixel & Rose for petitioner.

Robert G. Phelps for respondents.


JACOB J. SCHWARTZWALD, J.

The applicant seeks the removal to the Supreme Court of a Municipal Court action instituted against the applicant herein to recover upon a promissory note duly made and delivered to the plaintiffs for merchandise admittedly purchased by the defendant. By failure to deny, the defendant admits its liability upon the note.

The defendant predicates this application upon the theory that, having interposed a counterclaim against...

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