Christian Mills, Inc. v. Savoia Macaroni Manufacturing Co.

Appellate Division of the Supreme Court of New York

Christian Mills, Inc. v. Savoia Macaroni Manufacturing Co.

228 A.D. 717

Appellate Division of the Supreme Court of the State of New York·Decided January 15, 1930·Published·Cited by 1 cases

Opinion

Order reversed upon the law and the facts, with ten dollars costs and disbursements, and motion to strike out counterclaim and separate defenses denied, with ten dollars costs. Since no contract of immunity can be drawn that will protect one who acts in bad faith (Industrial & Central Trust, Ltd., v. Tod, 180 N. Y. 215), the first defense, of fraud, may be pleaded notwithstanding the exculpatory provisions in the contract upon which the action is brought. The other defenses are sufficient in law. Lazansky, P. J., Rich, Kapper, Carswell and Scudder, JJ., concur.

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Order reversed upon the law and the facts, with ten dollars costs and disbursements, and motion to strike out counterclaim and separate defenses denied, with ten dollars costs. Since no contract of immunity can be drawn that will protect one who acts in bad faith (Industrial & Central Trust, Ltd., v. Tod, 180 N. Y. 215), the first defense, of fraud, may be pleaded notwithstanding the exculpatory provisions in the contract upon which the action is brought. The other defenses are sufficient in law. Lazansky, P. J., Rich, Kapper, Carswell and Scudder, JJ., concur.

Christian Mills, Inc. v. Savoia Macaroni Manufacturing Co., 228 A.D. 717 (N.Y. Ct. App. 1930).

Pincite

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Opinion

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