Christian Mills, Inc. v. Savoia Macaroni Manufacturing Co.
This text of 228 A.D. 717 (Christian Mills, Inc. v. Savoia Macaroni Manufacturing Co.) 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.
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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228 A.D. 717, Counsel Stack Legal Research, https://law.counselstack.com/opinion/christian-mills-inc-v-savoia-macaroni-manufacturing-co-nyappdiv-1930.