CHAMPLAIN PRODS. v. FRANKS, INC.


49 Misc.2d 299 (1966)

Champlain Milk Products, Inc., Plaintiff, v. M. E. Franks, Inc., Defendant.

Supreme Court, Clinton County.

January 21, 1966


Attorney(s) appearing for the Case

Eugene J. Steiner for plaintiff. Humma, Crane, Costabell & Savarese (Charles J. Costabell of counsel), for defendant.


WILLIAM J. CRANGLE, J.

The plaintiff moves to strike the answer and for summary judgment. The complaint pleads a cause of action for a balance of $11,652.80 unpaid upon sales of nonfat dry milk powder by the plaintiff to the defendant between October 16 and November 18, 1964. None of these allegations are denied by the defendant.

The defendant has pleaded, as an equitable defense, that the plaintiff is insolvent; that under certain administrative...

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