Old Clarendon Restaurant, Inc. v. Louis Roossin Soda Fountain Co.

Appellate Division of the Supreme Court of New York

Old Clarendon Restaurant, Inc. v. Louis Roossin Soda Fountain Co.

256 A.D. 926, 10 N.Y.S.2d 672, 1939 N.Y. App. Div. LEXIS 5488

Appellate Division of the Supreme Court of the State of New York·Decided February 6, 1939·Published

Opinion

Action for judgment declaring a conditional sales agreement to be null and void [927]*927on the ground that its execution was induced by fraudulent representations, enjoining negotiation of promissory notes delivered in pursuance thereto, and for a money judgment. Defendant counterclaimed for a money judgment equivalent to the amount of unpaid notes and for foreclosure of a lien in such amount. Judgment dismissing the complaint and granting judgment on defendant’s counterclaim affirmed, with costs. No opinion. Lazansky, P. J., Hagarty and Johnston, JJ., concur; Carswell and Close, JJ., dissent, vote to reverse and for a new trial on the ground that the determination is against the weight of the evidence.

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Action for judgment declaring a conditional sales agreement to be null and void [927]*927on the ground that its execution was induced by fraudulent representations, enjoining negotiation of promissory notes delivered in pursuance thereto, and for a money judgment. Defendant counterclaimed for a money judgment equivalent to the amount of unpaid notes and for foreclosure of a lien in such amount. Judgment dismissing the complaint and granting judgment on defendant’s counterclaim affirmed, with costs. No opinion. Lazansky, P. J., Hagarty and Johnston, JJ., concur; Carswell and Close, JJ., dissent, vote to reverse and for a new trial on the ground that the determination is against the weight of the evidence.

Old Clarendon Restaurant, Inc. v. Louis Roossin Soda Fountain Co., 256 A.D. 926, 10 N.Y.S.2d 672, 1939 N.Y. App. Div. LEXIS 5488 (N.Y. Ct. App. 1939).

Pincite

256 A.D. 926 (Old Clarendon Restaurant, Inc. v. Louis Roossin Soda Fountain Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.