IRVING TRUST COMPANY v. SMITH

No. 72 Civ. 2200.

349 F.Supp. 146 (1972)

IRVING TRUST COMPANY, Plaintiff, v. Earle H. SMITH, Defendant.

United States District Court, S. D. New York.

October 12, 1972.


Attorney(s) appearing for the Case

Krause, Hirsch & Gross, New York City, for plaintiff.

Earle H. Smith, pro se.


GURFEIN, District Judge.

The plaintiff bank moves for summary judgment under Fed.R.Civ.P. 56. This is an action to recover on four promissory notes executed and delivered to the plaintiff by the defendant in an aggregate amount of $42,000 on which the defendant has paid $3,860 on account, for which he is given credit. The defendant was served in Massachusetts under the New York long arm statute, CPLR § 302. The bank, in its complaint, originally asked for judgment...

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