Schlanger & Sons v. Beaumont Factors

The defendant moves to dismiss the complaint for insufficiency on its face (Rules Civ. Prac, rule 106). The plaintiff alleges that in May, 1953, it had sold certain merchandise to a third party, that the agreed sum was not paid, that suit was instituted, that judgment was obtained on September 4,1953, and that such judgment remains wholly unpaid after *945issuance of execution and return unsatisfied. It is further alleged that the debtor had confessed judgment in favor of defendant by execution of a paper in March, 1953, that the purported confession was filed on August 25, 1953, in the office of…