B. Zatinsky & Son, Inc. v. Louis L. Schwartz & Co.

In this action, tried before the court without a jury, the plaintiff corporation seeks to recover from, the defendant *214corporation and from the individual defendant, as guarantor, a balance claimed to be due under' a written contract between the plaintiff and the defendants, made July 25, 1923. The defense, in substance, is to the effect that the agreement was illegal and without legal consideration, and cannot be enforced because it arose out of a prior illegal and secret agreement between the defendant corporation and its creditors, the plaintiff’s assignors, as partners, in fraud of all the…