Kots v. Sachs

This is a motion by plaintiff for summary judg ment, and defendant resists the motion on two grounds, that plaintiff is not the real party in interest, under section 210 of the Civil Practice Act, and that the Trading with the Enemy Act (U. S. Code, tit. 50, Appendix, § 1 et seq.) bars the suit from proceeding any further, until the end of the war with Italy, meaning the declaration of peace, after a formal treaty. The action is upon promissory notes. Defendant is the maker and Paul Gennari, an Italian resident and national, is the payee. Default in payment took place on November 16, 1939,…