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IVEY v. DAUS

181 F.Supp. 793 (1960)

Arthur Rogers IVEY, as Executor of Estate of Harry E. Berger, deceased, Plaintiff, v. Sadiye W. T. DAUS, Defendant.

United States District Court S. D. New York.

March 1, 1960.

Attorney(s) appearing for the Case

Robert E. Nickerson, Greenwich, Conn., for plaintiff, Ivey, Barnum, O'Mara & Nickerson. John W. Roberts, Greenwich, Conn., of counsel.

Haliburton Fales, 2nd, New York City, for defendant, Robert W. Steele, New York City, of counsel.

DIMOCK, District Judge.

In this action, plaintiff, as executor of the will of Harry E. Berger, deceased, seeks to recover the sum of $10,000 alleged to have been loaned by the decedent to defendant, and the sum of $13,800 as unearned rent paid in advance under a lease from defendant to the decedent which was prematurely terminated as a result of a judgment in mortgage foreclosure proceedings. Defendant counterclaims for $75,000 damages alleged to have been suffered...

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