KLEIN v. LYNCH, FENNER & BEANE


17 Misc.2d 917 (1959)

Ernest Klein, as Assignee of Melchiades Laufer, Assignor, Plaintiff, v. Merrill Lynch, Pierce, Fenner & Beane, Defendant.

Supreme Court, Special Term, Kings County.

May 21, 1959.


Attorney(s) appearing for the Case

George Mutterperl for plaintiff.

Skutch & Burton for defendant.


JACOB J. SCHWARTZWALD, J.

In this action for breach of contract, plaintiff as assignee of a resident of Belgium moves pursuant to rule 109 of the Rules of Civil Practice to strike defendant's affirmative defense contained in the latter's answer, and defendant cross-moves to dismiss the complaint.

The action involves the assignor, a trader in sugar future contracts, who within two days placed with defendant...

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