Citizens Trust Co. v. R. Prescott & Son, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtSawyer, J.
Plaintiff sues to recover on a trade acceptance of the Thermiodyne Radio Corporation, indorsed by defendants and discounted with plaintiff.
The only defendant served is R. Prescott and Son, Inc., which has duly answered, setting up the usual denials and interposing certain affirmative defenses, entire and partial.
After issue was joined plaintiff moved for summary judgment and, in the alternative, asked that the affirmative defenses be stricken out as insufficient at law, sham and frivolous.
This motion was denied and thereby the sufficiency of the issues raised by the pleadings became fixed and…
2Cases cited14 opinions
- General Investment Co. v. Interborough Rapid Transit Co.New York Court of Appeals · 1923
- Pain v. PackardNew York Supreme Court · 1816
- Pittsburgh-Westmoreland Coal Co. v. . KerrNew York Court of Appeals · 1917
- Dwight v. . St. JohnNew York Court of Appeals · 1862
- Hubbard v. . GurneyNew York Court of Appeals · 1876
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3Cited by8 opinions
- Dunbar & Sullivan Dredging Co. v. StateNew York Court of Claims · 1940
- Hillick v. Edwards & SonNew York Supreme Court · 1932
- J. Marcus & Sons, Inc. v. Federal InsuranceAppellate Division of the Supreme Court of the State of New York · 1965
- Merson v. Sun InsuranceCivil Court of the City of New York · 1964
- Tremblay v. LyonNew York Supreme Court · 1941
3 more not listed; retrieve them via the Exa API.