INDUS. MFRS. v. BANGOR MILLS


283 A.D. 113 (1953)

Industrial Manufacturers, Inc., Respondent-Appellant, v. Bangor Mills, Inc., Appellant-Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

December 15, 1953.


Attorney(s) appearing for the Case

Irvin C. Rutter for respondent-appellant.

Isidor J. Kresel of counsel (Harold I. Meyerson with him on the brief; Kresel & Meyerson, attorneys), for appellant-respondent.

COHN and BREITEL, JJ., concur with BASTOW, J.; DORE, J., dissents in part, in opinion; PECK, P. J., dissents and votes to affirm, in opinion.


BASTOW, J.

The plaintiff appeals from a judgment dismissing the first, third and fourth causes of action set forth in its complaint. The defendant appeals from a judgment recovered by plaintiff upon the second cause of action. The latter's recovery was based upon a cause of action alleging that plaintiff was the owner and holder of an unpaid check made and delivered to the plaintiff by the defendant. A brief statement...

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