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KLEIN v. ASCHER

44 Misc.2d 227 (1964)

Herbert Klein, Plaintiff, v. Herbert Ascher et al., Defendants.

Civil Court of the City of New York, Trial Term.

October 26, 1964

Attorney(s) appearing for the Case

Rosenfeld & Rosenfeld (A. S. Rosenfeld of counsel), for plaintiff. Herbert Ascher, Sr., for Richard Caro, defendant.

PATRICK J. PICARIELLO, J.

This action was instituted by plaintiff to recover on a check made by the defendant Ascher, allegedly indorsed by the defendant Caro, and made payable to and delivered to plaintiff's attorneys.

By agreement dated September 6, 1963, plaintiff, as vendor, contracted to sell his gift shop business to a corporate vendee of which defendant Caro was its treasurer. At the time of the...

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