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HAUSSMANN v. COLONIAL TRUST CO.

23 F.Supp. 213 (1938)

HAUSSMANN et al. v. COLONIAL TRUST CO. et al.

District Court, S. D. New York.

March 2, 1938.

Attorney(s) appearing for the Case

Hoffman & Hoffman, of New York City (I. Gainsburg, Samuel Gottlieb, and Chas. D. Hoffman, all of New York City, of counsel), for plaintiff.

Curtis, Mallet-Prevost, Colt & Mosle, of New York City, for defendant.

COXE, District Judge.

The plaintiffs advance two theories upon which they say the complaint in this action may be sustained as against the defendant C-D, Inc., namely: (1) That a cause of action is stated for malicious interference with contractual rights; and (2) that a cause of action is stated for knowingly causing an impairment of the lien of the mortgage. I do not think that either theory is tenable.

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