S. M. Hess & Bro. v. Small

GARVIN, District Judge.

Plaintiff moves for an order, under rule 113 of the Rules of Civil Practice of the state of New York, granting summary judgment on the first cause of action set forth in the amended complaint. This rule reads as follows:

“Rule 113. Summary Judgment. When an answer is served in an action to recover a debt or liquidated demand arising ■ (1) on a contract, express or implied, sealed or not sealed; or (2) on a judgment for a stated sum, the answer may be struck out and judgment entered thereon on motion, and the affidavit of the plaintiff or of any other person having…