Heitler v. Dickoff

City of New York Municipal Court

Heitler v. Dickoff

35 Misc. 859, 72 N.Y.S. 1106

DecidedJune 15, 1901

StatusPublished

This text of 35 Misc. 859 (Heitler v. Dickoff) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Heitler v. Dickoff, 35 Misc. 859, 72 N.Y.S. 1106 (N.Y. Super. Ct. 1901).

Pincite

Opinion

Per Curiam.

Defendant’s statement set forth in the affidavit, after having been asked for an explanation, is sufficient proof of the falsity of the representation made and relied upon, and entitles plaintiffs to the order appealed from. The ground of the arrest is fraud, and is sufficiently stated in the order. The complaint sufficiently states the sale and delivery of the goods.

The -order appealed from must be affirmed, but in view of the fact that the respondents did not appear on the hearing or file a brief, without costs.

Present: Conlan, Hascall and O’Dwyer, JJ.

.Order affirmed, without' costs.

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Per Curiam.

Defendant’s statement set forth in the affidavit, after having been asked for an explanation, is sufficient proof of the falsity of the representation made and relied upon, and entitles plaintiffs to the order appealed from. The ground of the arrest is fraud, and is sufficiently stated in the order. The complaint sufficiently states the sale and delivery of the goods.

The -order appealed from must be affirmed, but in view of the fact that the respondents did not appear on the hearing or file a brief, without costs.

Present: Conlan, Hascall and O’Dwyer, JJ.

.Order affirmed, without' costs.

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Bluebook (online)

35 Misc. 859, 72 N.Y.S. 1106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heitler-v-dickoff-nynyccityct-1901.