Bell Audiphone Co. v. Scher

Appellate Division of the Supreme Court of New York

Bell Audiphone Co. v. Scher

279 A.D. 717, 108 N.Y.S.2d 337

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 4, 1951

StatusPublished

Cited by1 cases

This text of 279 A.D. 717 (Bell Audiphone Co. v. Scher) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bell Audiphone Co. v. Scher, 279 A.D. 717, 108 N.Y.S.2d 337 (N.Y. Ct. App. 1951).

Pincite

Opinion

Dore, J.

(concurring). With the allegations of fraud stricken, paragraph 14 that remains is unintelligible. Plaintiff may plead a cause of action for fraud inducing the making of a contract by false representations with another cause of action on the same facts in the same complaint for the breach of the same contract (Civ. Prac. Act, § 258; France & Canada S. S. Corp. V. Berwind-White Coal Mining Co., 229 N. Y. 89). Plaintiff, if so advised, may move to amend the complaint eliminating paragraph 14 and plead the causes of action as above indicated. The election in paragraph 14 is not final.

However, on this record the order appealed from must be affirmed, with $20 costs and disbursements to defendants-respondents.

Peck, P. J., Glennon, Cohn and Van Voorhis, JJ., concur in decision; Dore, J., concurs for affirmance, in opinion.

Order unanimously affirmed, with $20 costs and disbursements to respondents. No opinion.

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Dore, J.

(concurring). With the allegations of fraud stricken, paragraph 14 that remains is unintelligible. Plaintiff may plead a cause of action for fraud inducing the making of a contract by false representations with another cause of action on the same facts in the same complaint for the breach of the same contract (Civ. Prac. Act, § 258; France & Canada S. S. Corp. V. Berwind-White Coal Mining Co., 229 N. Y. 89). Plaintiff, if so advised, may move to amend the complaint eliminating paragraph 14 and plead the causes of action as above indicated. The election in paragraph 14 is not final.

However, on this record the order appealed from must be affirmed, with $20 costs and disbursements to defendants-respondents.

Peck, P. J., Glennon, Cohn and Van Voorhis, JJ., concur in decision; Dore, J., concurs for affirmance, in opinion.

Order unanimously affirmed, with $20 costs and disbursements to respondents. No opinion.

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279 A.D. 717, 108 N.Y.S.2d 337, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bell-audiphone-co-v-scher-nyappdiv-1951.

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