Hall v. Nassau Consumers Ice Co.

Appellate Division of the Supreme Court of New York

Hall v. Nassau Consumers Ice Co.

235 A.D. 869

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

DecidedMay 15, 1932

StatusPublished

This text of 235 A.D. 869 (Hall v. Nassau Consumers Ice 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.

Bluebook

Hall v. Nassau Consumers Ice Co., 235 A.D. 869 (N.Y. Ct. App. 1932).

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Opinion

Judgment unanimously affirmed, with costs. Defendant’s voluntary dissolution in 1928, the failure to pay interest on the bonds, and the failure to call by lot for the retirement of a proportion of the bonds in 1930 and 1931, without explanation or proof of the present status of the defendant or of its ability ever to meet its obligations on these bonds, justify the finding that there were here such a voluntary affirmative act and deliberate omissions as rendered performance of its contractual obligation impossible, and that there was a complete repudiation and renunciation of its promise to pay. Present — Lazansky, P. J., Kapper, Hagarty, Carswell and Davis, JJ.

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Judgment unanimously affirmed, with costs. Defendant’s voluntary dissolution in 1928, the failure to pay interest on the bonds, and the failure to call by lot for the retirement of a proportion of the bonds in 1930 and 1931, without explanation or proof of the present status of the defendant or of its ability ever to meet its obligations on these bonds, justify the finding that there were here such a voluntary affirmative act and deliberate omissions as rendered performance of its contractual obligation impossible, and that there was a complete repudiation and renunciation of its promise to pay. Present — Lazansky, P. J., Kapper, Hagarty, Carswell and Davis, JJ.

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Bluebook (online)

235 A.D. 869, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hall-v-nassau-consumers-ice-co-nyappdiv-1932.