Marmor v. Bernstein

The first cause of action is to recover moneys loaned to all the defendants on or prior to March 6, 1930. The second cause of action is to recover moneys alleged to have been embezzled by defendant Bernstein. Order denying defendants’ motion for summary judgment reversed on the law and the facts, with ten dollars costs and disbursements, and the motion granted, with ten dollars costs. The first cause of action is not an action on a sealed instrument but is to recover the amount of loans which, on March 6, 1930, were acknowledged to have been made. Assuming that it can be proved that the…