Richter v. Joelson

The complaint having been dismissed at the conclusion of plaintiff’s proof, every reasonable inference from the facts favorable to plaintiff must be drawn.

After plaintiff had recovered a judgment upon notes against the Cultura Producing Co., Inc., and one Starr, defendant Cove Theatres, Inc., in order to avoid a threatened suit against it by that judgment creditor to hold it liable for the unpaid balance of the judgment, stipulated in writing on March 14, 1929, to make payment thereof to plaintiff “ out of the specific proceeds obtained f-rom the closing of the transaction ” therein…