Merchants Ladies Garment Ass'n v. Coat House of Schwartz

Plaintiff, a membership corporation, sues to recover $500 imposed as a “ fine ” upon the defendant. Two causes of *131action are alleged: (1) To recover the fine imposed; (2) to recover upon two checks, originally postdated, given in payment of the fine, and upon which payment was stopped. The answer is a "general denial, and defenses of no consideration, duress and ultra vires.

Plaintiff moves for summary judgment; defendant counters with the claim that triable issues of fact are raised, and, further, that this action is, upon the facts, so far as conceded or admitted, not maintainable. I think…