A. F. LEVY, PLAINTIFF AND RELATOR,
v.
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA AT PHOENIX, RESPONDENT
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A dissenting judge argued that a defendant bank's answer was insufficient to raise an affirmative defense of failure of consideration, and that the trial court improperly allowed the defense to be raised by affidavit on a motion for summary judgment.
The dissenting judge held that the defendant's answer was insufficient to allege an affirmative defense of failure of consideration, and that the trial court erred in considering this defense raised by affidavit on a motion for summary judgment.
The plaintiff sued the defendant bank, which had issued a cashier's check. The defendant's answer alleged that the cashier's check was given in connec…
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PER CURIAM.
Levy seeks from this court permission to file a motion in the nature of a petition for a writ of mandamus to review an adverse judgment of the district court from which he has the remedy of appeal. The application is denied. Roche v. Evaporated Milk Ass’n, 319 U.S. 21, 30, 63 S.Ct. 938, 87 L.Ed. 1185; Levy v. District Court, Southern District of California, Central Division, order of this court, March 16, 1953.
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Citator
Cited By
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Nolan v. Transocean AIR Lines, 276 F.2d 280 (2d Cir. 1960)
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Conner v. Oren W. Spencer, 304 F.2d 485 (9th Cir. 1962)
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Speight v. Miller, 437 F.2d 781 (7th Cir. 1971)
Authorities Cited
- Roche v. Evaporated Milk Ass'n, 319 U.S. 21 (U.S. 1943)