Duplan Silk Corp. v. Mace Manufacturing Co.

Appellate Division of the Supreme Court of New York

Duplan Silk Corp. v. Mace Manufacturing Co.

246 A.D. 804

Appellate Division of the Supreme Court of the State of New York·Decided December 15, 1935·Published

Opinion

The complaint states three causes of action, the first for work, labor and services; the second for goods sold and delivered, and the third upon an account stated. Order granting plaintiff’s motion to strike out the answer and for summary judgment, and the judgment entered thereon, unanimously reversed, with costs, and the motion denied, with ten dollars costs, upon the ground that questions of fact are involved which cannot be disposed of without a trial. Present — Martin, P. J., Townley, Glennon, Untermyer and Dore, JJ.

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The complaint states three causes of action, the first for work, labor and services; the second for goods sold and delivered, and the third upon an account stated. Order granting plaintiff’s motion to strike out the answer and for summary judgment, and the judgment entered thereon, unanimously reversed, with costs, and the motion denied, with ten dollars costs, upon the ground that questions of fact are involved which cannot be disposed of without a trial. Present — Martin, P. J., Townley, Glennon, Untermyer and Dore, JJ.

Duplan Silk Corp. v. Mace Manufacturing Co., 246 A.D. 804 (N.Y. Ct. App. 1935).

Pincite

246 A.D. 804 (Duplan Silk Corp. v. Mace Manufacturing Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.