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CONSUMERS TIME CREDIT, INC. v. REMARK CORP.

September 6, 1966

CONSUMERS TIME CREDIT, INC. a corporation
v.
REMARK CORP., a corporation, Lewis Bokser, individually, and Lewis Bokser, individually, and t/a Durabilt Paving Co., Maurice Kramer, Merit Metalcraft Corporation, a corporation, Liberal Sales Credit Co., a corporation, Sales Finco, Inc., a corporation, Reskob, Inc., a corporation, Lewis Bokser, Inc., a corporation and Sara L. Bokser



The opinion of the court was delivered by: KRAFT

 The factual background of this action upon an accounts receivable financing agreement, commenced by a writ of fraudulent debtor's attachment, is rather exhaustively set forth in prior opinions herein. *fn1"

 On March 4, 1966, we filed our brief Findings of Fact, Conclusions of Law and Order, pursuant to an express waiver by the parties and their counsel of a jury trial and of any extensive findings of fact and conclusions of law, as well as of the provisions of F.R.Civ.P. 52. Post-trial motions have been filed, briefed and argued by both sides.

 The defendants now seek the following modifications or supplements:

 
(1) Amendment of certain of the Court's Findings of Fact, Conclusions of Law and Order.
 
(2) The entry of judgment for, notwithstanding the verdict against, Lewis Bokser.
 
(3) To set aside service or levy of plaintiff's attachment execution.
 
(4) Dissolution of the fraudulent debtor's attachment as to the remaining defendants, Merit Metalcraft Corporation, Liberal Sales Credit Co., a corporation, Sales Finco, a corporation and Reskob, Inc.

 The plaintiff, too, seeks to have the Court amend and eliminate certain of its Findings of Fact, Conclusions of Law and portions of its Order.

 We have again carefully reviewed the evidence, which, in many instances, posed questions of credibility. In our view, after full consideration, except for a minor revision of our Finding of Fact No. 6 and the amendment of Conclusions of Law Nos. 5 and 6 and paragraphs 1 and 4 of our Order, the evidence and the law fully support our earlier decision.

 FINDING OF FACT NO. 6

 In Finding of Fact No. 6, we found that Lewis Bokser permitted Consumers to charge and deduct fire insurance premiums from loans made to Remark "without objection or dissent."


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