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CONNELL v. BRADT

36 Misc.2d 515 (1962)

Wilbur F. Connell, Plaintiff, v. Ardan A. Bradt et al., Defendants.

Supreme Court, Niagara County.

October 26, 1962

Attorney(s) appearing for the Case

Gellman & Gellman (Philip S. Gellman of counsel), for defendants. Jacqueline M. Koshian and James W. Mallam for plaintiff.

MICHAEL CATALANO, J.

The defendants move for summary judgment dismissing the complaint which is based upon 10 promissory notes made by them, payable to the plaintiff, dated during 1954, totaling $11,000, which sum is demanded. The answer is a general denial.

On July 2, 1962 plaintiff was examined under oath before trial, testifying, in part, that said $11,000 was for his share of profits from the Frontier...

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