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MASON v. AMERICAN EXPRESS COMPANY

224 F.Supp. 288 (1963)

Florence W. MASON and Willard M. Mason, Plaintiffs, v. AMERICAN EXPRESS COMPANY and Howard L. Clark as President of American Express Company, Defendants.

United States District Court S. D. New York.

December 12, 1963.

Attorney(s) appearing for the Case

Baker, Nelson, Williams & Mitchell, New York City, for plaintiffs.

Charles Dickerman Williams, New York City, of counsel.

Michels, Gangel & Walton, New York City, for defendants.

Louis W. Mele, New York City, of counsel.

WYATT, District Judge.

A separate trial was ordered by the Court, on motion of plaintiffs and without opposition by defendant, of the issues raised by the Second Defense in the answer. Fed.R.Civ.P. 42(b). These issues relate to whether the provisions of a certain circular, a ticket and a receipt delivered to plaintiffs are sufficient to absolve defendant of liability. The separate trial was ordered because if the Second Defense is sustained it is a bar to the action...

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