ELLICOTT PAINT CO. v. BUFFALO EVENING NEWS


33 Misc.2d 896 (1961)

Ellicott Paint Co., Inc., Plaintiff, v. Buffalo Evening News, Inc., et al., Defendants. United States of America, Interpleaded Defendant-Claimant.

Supreme Court, Erie County.

November 27, 1961


Attorney(s) appearing for the Case

Ward, Gorman & Marx for plaintiff. Vaughan, Brown, Kelly, Turner & Symons for Buffalo Evening News, Inc. John T. Curtin, United States Attorney General, for interpleaded defendant.


REID S. MOULE, J.

The plaintiff Ellicott Paint Co., Inc., supplied paint to the defendant Besstak which he used on a job for the defendant, Buffalo Evening News, Inc. Besstak subsequently went into bankruptcy owing the Ellicott Paint Co., Inc., the sum of $2,418.88 which it claims with interest from February 1, 1958.

At the time of Besstak's bankruptcy, the News owed $3,664.66 under the painting contract.

The plaintiff sued to foreclose...

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