Alexander Hamilton Institute v. Huston

Appellate Division of the Supreme Court of New York

Alexander Hamilton Institute v. Huston

254 A.D. 729, 4 N.Y.S.2d 776

Appellate Division of the Supreme Court of the State of New York·Decided May 27, 1938·Published

Opinion

Per Curiam.

The defendant’s correspondence establishes beyond possibilitjof contradiction the defendant’s liability to the plaintiff. It is so repugnant to the defense of fraud which is asserted in the answer, as to require the conclusion that that defense is a mere afterthought and sham.

The order should be reversed, with twenty dollars costs and disbursements and the motion granted.

Present — Martin, P. J., O’Malley, Glennon, Untermyer and Dore, JJ.

Order unanimously reversed, with twenty dollars costs and disbursements, and motion granted.

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Per Curiam.

The defendant’s correspondence establishes beyond possibilitjof contradiction the defendant’s liability to the plaintiff. It is so repugnant to the defense of fraud which is asserted in the answer, as to require the conclusion that that defense is a mere afterthought and sham.

The order should be reversed, with twenty dollars costs and disbursements and the motion granted.

Present — Martin, P. J., O’Malley, Glennon, Untermyer and Dore, JJ.

Order unanimously reversed, with twenty dollars costs and disbursements, and motion granted.

Alexander Hamilton Institute v. Huston, 254 A.D. 729, 4 N.Y.S.2d 776 (N.Y. Ct. App. 1938).

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