Warner v. Modano

This is a bill in equity filed September 1, 1955, by the assignee of six trade accounts for goods sold and delivered to the Napoli Super Market alleged to have been conducted by the defendants Beale and Modano as a partnership. The bill seeks to reach and apply a note and mortgage secured by the assets of the market given by Modano to Beale, and was taken as confessed against Modano. A final decree was entered estabhshing all the claims of the plaintiff, ordering the defendants to pay them, and restraining Beale from foreclosing the mortgage until they had been paid.

There was evidence that…