Summary
In Cocoa Trading Corp. v. Bayway Terminal Corp. (290 N.Y. 697) the Court of Appeals definitely held that, as a matter of pleading, a defense based on a loan agreement that plaintiff was not the real party in interest was sufficient in law.
Summary of this case from Par-X Uniform Serv. Corp. v. Emigrant Ind. Sav. BankOpinion
Argued February 24, 1943
Decided April 8, 1943
Appeal from the Supreme Court, Appellate Division, First Department, SCHMUCK, J.
Benjamin Feldstein for appellant.
David A. Ticktin and Milton Adler for A. Pines Son, Inc., amicus curiae, in support of appellant.
Henry Epstein, Ralph Wolf and Caspar B. Ughetta for respondents.
Ludwig Teller and Robert E. Tinsley for 150 West 30th Street, Inc., amicus curiae, in support of respondents.
Order affirmed, with costs, and question certified answered in the negative. No opinion. (See 290 N.Y. 865.)
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, LEWIS, CONWAY and DESMOND, JJ.