Herrmann v. Glens Falls Indemnity Co. of Glens Falls

Appellate Division of the Supreme Court of New York

Herrmann v. Glens Falls Indemnity Co. of Glens Falls

255 A.D. 854, 7 N.Y.S.2d 392, 1938 N.Y. App. Div. LEXIS 5653

Appellate Division of the Supreme Court of the State of New York·Decided November 4, 1938·Published

Opinion

Order denying defendant’s motion to dismiss the complaint for failure to state a cause of action, etc., reversed on the law, with ten dollars costs and disbursements, and the motion granted, without costs, with leave to plaintiff to plead over within ten days from the entry of the order hereon, if so advised, upon payment of costs. It appears on the face of the complaint that plaintiff was bound to accept the bond in question, and it is immaterial that she was induced by false representations to do what she was bound to do. (Deobold v. Oppermann, 111 N. Y. 531.) Lazansky, P. J., Carswell, Adel, Taylor and Close, JJ., concur.

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Order denying defendant’s motion to dismiss the complaint for failure to state a cause of action, etc., reversed on the law, with ten dollars costs and disbursements, and the motion granted, without costs, with leave to plaintiff to plead over within ten days from the entry of the order hereon, if so advised, upon payment of costs. It appears on the face of the complaint that plaintiff was bound to accept the bond in question, and it is immaterial that she was induced by false representations to do what she was bound to do. (Deobold v. Oppermann, 111 N. Y. 531.) Lazansky, P. J., Carswell, Adel, Taylor and Close, JJ., concur.

Herrmann v. Glens Falls Indemnity Co. of Glens Falls, 255 A.D. 854, 7 N.Y.S.2d 392, 1938 N.Y. App. Div. LEXIS 5653 (N.Y. Ct. App. 1938).

Pincite

255 A.D. 854 (Herrmann v. Glens Falls Indemnity Co. of Glens Falls) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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