SAMUEL ADLER, INC. v. BIELER


20 A.D.2d 772 (1964)

Samuel Adler, Inc., Respondent, v. Fred G. Bieler et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

March 19, 1964


Order, entered on December 3, 1962, affirmed, with $20 costs and disbursements to the respondent.

The debt sued upon arose out of the settlement of an earlier suit between the parties. No facts are pleaded to show that any restraint on trade, which may result from the alleged conspiracy between dealers, was either promoted or fostered by the creation of the obligation upon which this suit was brought. Absent such facts the pleading does not constitute a defense.<...

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